West Chester Exceed Post Speed Limit Car Accidents Lawyer

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Should I Get A personal injury Lawyer if i get an exceed post limit car accident

Exceeding the speed limit is not only illegal but also poses a significant risk to the safety of others on the road. If you have been injured by a speeding driver in the New York area, Gabriel Legal Injury Lawyers can help you pursue compensation from the responsible party. Contact us today at  (212) 463-8888 for a free confidential consultation.

Reporting Motor Vehicle Accidents in New York

According to Section 605 of the New York State Vehicle and Traffic Law, any motor vehicle accident resulting in injury or death must be reported to the nearest police station, local law enforcement agency or the New York State Police.

Types of Speeding and Its Consequences

While it may be common to go with the flow of traffic and slightly exceed the speed limit, exceeding the limit by 15 mph or more can have severe consequences if an accident occurs. Drivers who are speeding at the time of an accident can be deemed at fault or at least in part.

Excessive speed is a leading cause of auto collisions,  This finding is highlighted in the 2017 Annual Report from the New York Governor’s Office of Highway Safety which identified excessive speed as the cause of 266 out of 1,554 fatalities in New York State auto collisions.

Speed Limits and Regulations


Section 1180 of the New York Vehicle and Traffic Law establishes speed limits and regulations for motor vehicles in the state. It specifies the maximum speeds allowed on different types of roads, including highways, urban areas, and school zones.

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Understanding the Dangers of Speeding

Exceeding the posted speed limit is a dangerous practice with various risks and implications, including: Decreased stopping time: Speeding reduces the time available to react and stop in the event of a hazard or sudden change in traffic or roadway conditions.

  • Increased crash likelihood: Higher speeds increase the chances of a collision occurring due to reduced maneuverability and limited time to respond to obstacles or hazards.
  • Increased crash severity: Speeding amplifies the impact and severity of a collision, leading to more severe injuries and property damage.
  • Diminished legal standing: Drivers who exceed the speed limit may face legal challenges and reduced credibility if involved in an accident. Drivers have a duty of care to others on the road, which includes driving at a safe and appropriate speed for the current conditions. Failing to adjust speed based on factors such as weather, visibility or traffic conditions can result in legal consequences.



When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.


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Seeking Compensation for Excessive Speed Related Accidents

If you or a loved one has been injured by a speeding driver, you may be entitled to financial compensation for your injuries and related expenses. Gabriel Legal Injury Lawyers proudly represents individuals injured in traffic collisions in the New York City area. For further assistance, please contact our office at  (212) 463-8888.

Ways to Prove Someone Was Speeding

When dealing with a speeding driver who denies their liability regarding their contribution towards the accident, it’s important to gather evidence to support your claim. Consider the following methods to prove someone was speeding:

  • Dashcam footage: Check if any dashcam footage is available that captured the incident.
  • Electronic software tracking: Explore the possibility of using electronic software that tracks movement, such as GPS data, to demonstrate the speed at which the other driver was traveling.
  • Truckers’ black box: In the case of accidents involving commercial trucks, the black box data can provide valuable information about the vehicle’s speed and actions leading up to the collision.
  • Witness: Determine if there are nearby witnesses that saw how the accident occurred. 

These components can serve as strong supporting evidence to prove the other driver was speeding at the time of the accident.


Recovering Damages from Speeding Accidents

If you were hit by a speeding driver in the New York area, several factors can impact the amount of compensation you may receive. These factors include:

  • Medical bills: Seek compensation for your medical expenses, including treatments, medication and rehabilitation.
  • Property damage: Document and claim the costs of repairing or replacing your vehicle and any other damaged property.
  • Lost wages and income potential: If your injuries caused you to miss work or affected your ability to earn income, you may be entitled to compensation for the wages you lost and future income. 
  • Ongoing therapy or prescriptions: Include expenses related to ongoing therapy, prescription medications and other necessary medical treatments in your claim.
  • Other costs resulting from the car crash: Keep a record of any additional expenses incurred due to the accident, such as transportation costs or home modifications.
  • Pain and suffering: You may be eligible for compensation for the physical and emotional pain you sustained due to the accident.

Maintaining a detailed journal of your expenses and experiences related to the collision will help support your claim. It is important to work closely with your New York City car accident lawyer to ensure that all relevant evidence is properly documented and presented.


Frequently Asked Questions

Understanding the Statute of Limitations in Car Accident Cases

It is crucial for all car accident victims to be aware of the statute of limitations that applies to their case. This legal time limit determines the window within which accident victims can file a lawsuit. In New York State, personal injury lawsuits generally have a three-year statute of limitations, as stated in CPLR § 214.

However, it’s important to note that certain circumstances can diminish this deadline. If the specified time limit expires in your case, you may lose the opportunity to seek compensation through a lawsuit. 

To determine the specific time limits that apply to your situation, don’t hesitate to contact Gabriel Legal Injury Lawyers today.

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Determining Liability in an West Chester Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in West Chester

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

West Chester Exceed Post Speed Limit Car Accidents Lawyer

4.8 Stars


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