Speeding kills. There’s no way to get around the possibility of an auto accident no matter how difficult it is for you as the driver to lighten your foot off the pedal. A 27-year old, Christopher Wadleigh of Hampton, unfortunately, realized this in a recent fatal car accident in Candia. Ashley Shunk, who was 21 and from Dover, was pronounced dead at the scene. She was the passenger. And speed appears to have been the main factor.
WHY IS SPEEDING SO DANGEROUS IN NEW HAMPSHIRE?
Speeding has two basic meanings:
- going above the posted speed limit; and
- going too fast considering road conditions and/or environmental factors regardless of what the posted speed limit is.
It is dangerous to speed for obvious reasons, but to clarify, speeding can:
- cause you to lose control;
- cause other reckless behavior;
- lead to aggressive driving;
- lead to tailgating;
- lead to road rage incidents; and, among other things,
- lead to car accidents that lead to injuries and/or death.
In fact, according to the National Highway Traffic Safety Administration, speeding is the cause of more than a quarter of all traffic fatalities in the United States. Further, according to Valley News, speeding was a primary culprit in the “alarming spike in traffic deaths that New Hampshire experienced last year – a 46 percent increase…” Valley News reported that 142 persons died in 128 crashes in 2018 compared to 97 deaths from 93 accidents in 2017.
CAN A VICTIM BE COMPENSATED WHEN THE AT-FAULT DRIVER WAS SPEEDING IN NEW HAMPSHIRE?
A victim can be compensated whenever the at-fault driver was speeding. That is true even if you are a passenger in the at-fault driver’s vehicle, as in the above case of Ashley Shunk. Because she died, she cannot file a claim for personal injuries but her family members can file a claim for wrongful death.
It is useful to be reminded, however, that if the at-fault driver was not speeding, but you were, then any compensation to which you are entitled can and will likely be reduced according to your proportion of fault. If your percentage of fault exceeds the percentage of fault allotted to the person or entity you name as the at-fault party, then you will not recover any compensation. When there are more than one at-fault parties (e.g., the driver and the driver’s employer), then you can recover compensation so long as your percentage is below the combined percentages of all at-fault parties.
If you case goes to trial, then fault percentages are determined by a jury after assessing the facts.
CONTACT A CAR ACCIDENT ATTORNEY IN NEW HAMPSHIRE
If you have been involved in a car accident that involved speeding and if injuries were sustained, you should seek legal counsel as soon as you can. At Tenn And Tenn, PA, we help our clients understand their options and guide them through difficult decision-making. We understand how accidents caused by speeding can lead to serious, even catastrophic or fatal injuries. As such, it is our intention to get you fair, full, and just compensation for all your losses. Contact us today.