How to Prove the Truck Driver Was Speeding After an Accident

Speeding is one of the most common causes of commercial truck accidents. While you may believe that the truck was traveling too fast prior to the crash, actually proving it presents unique challenges. A skilled lawyer can prepare a truck driver speeding accident claim on your behalf and pursue the full compensation you deserve.

The Cincinnati truck accident lawyers at Burg Simpson can help you hold the truck driver and any additional defendants accountable for your injuries. Our firm has decades of experience representing the victims of semi-truck crashes throughout Ohio.

Combining Local Clout and National Strength, our attorneys have the skills and resources to take on complex truck accident claims while providing you with individualized representation. For a FREE case evaluation, call Burg Simpson at 513-852-5600 in Cincinnati today.

Why Do I Need to Prove the Truck Driver Was Speeding?

Motorists in Ohio are prohibited from driving at a “speed greater or less than is reasonable or proper” given the conditions. This is known as the “assured clear distance” rule (see Ohio Revised Code § 4511.21).

Violations of this statute may be used as evidence of negligence in a truck accident claim. You need to prove that the truck driver was negligent to recover compensation for injuries sustained in an accident.

Evidence that can help to establish that the truck driver was speeding include:

• Data from the truck’s black box
• GPS data
• The truck driver’s logbooks
• Physical evidence from the scene
• Damage to the truck and other vehicles
• Witness statements
• Crash reports

Burg Simpson has vast experience with many different types of semi-truck crashes. We discuss each of the forms of evidence in detail below.

When investigating accidents with 18-wheelers, we often find that the driver of the truck was going too fast. Our lawyers are well-versed in truck driver speeding accident claims, and we know what evidence is required to prove liability on the part of the driver and any other defendants.

What Do I Need to Prove?

Simply proving that the truck driver was speeding or driving too fast for conditions is not enough. You need to satisfy several legal elements for your case to be successful. These include:

• Duty of care: Like other drivers, truckers in Ohio have a duty to drive at a speed that is reasonable and proper.
• Breach of duty: You need to prove that the truck driver’s speed was neither reasonable nor proper under the circumstances. Potential examples include exceeding the posted speed limit on I-71 or driving too fast on slick roads along Mount Adams in the wintertime.
• Causation: Pivotally, our team must show that errors on the part of the truck driver (such as speeding) led to the crash. A number of factors can make truck drivers speed, including distraction, pressure to meet deadlines, etc.
• Damages: Finally, you must establish that your injuries from the accident left you with compensable damages. This may include financial as well as physical and psychological losses.

Commercial semi-trucks in Ohio can weigh up to 80,000 pounds when they are fully loaded. Heavy rigs require more time to slow down and come to a stop, particularly when they are driving at speed.

Truck drivers who go too fast and cause collisions need to be held accountable. A knowledgeable attorney at Burg Simpson can help you bring a truck driver speeding accident claim to recover damages.

What Evidence Do I Need?

You may have noticed the truck coming up rapidly behind you or swerving just before the accident. While this may indicate that the truck driver was speeding, your account of the crash is not enough to prove liability.

Key evidence we use to prove speeding or other forms of negligence on the part of a trucker include:

Black Box Data

The truck’s “black box” actually refers to two different components:

• The electronic control module (ECM) monitors the truck’s speed, braking, and other functions. It may also act as a governor, restricting the speed at which the truck can travel.
• The event data recorder (EDR) captures vital information in the seconds just before a crash, including the speed and whether the brakes were applied before impact.

Data from the ECM and the EDR can provide crucial evidence of speeding. Timely action is a must to ensure that the data is preserved.

GPS Data

Speed can be determined by calculating how long it took the truck to go from one place to another. All commercial trucks are required to have an ELD, or electronic logging device. The ELD records GPS data, which is time-stamped and provides exact coordinates for the truck at a given moment. Experts in telematics can aid in the retrieval and interpretation of the data to calculate the vehicle’s speed prior to the crash.

Logbooks

Truck drivers are required to log the number of hours they drive in a day and the times they are on- and off-duty. Comparing the number of hours driven to the distance traveled may support your argument in a truck driver speeding accident claim. It may also reveal violations of the federal hours of service regulations, which can support claims of negligence against the driver and his employer.

Physical Evidence

Multiple types of physical evidence can be helpful for trucking accident claims. Our attorneys look for key details such as:

• Skid marks: These straight, black lines are formed when a vehicle brakes suddenly.
• Yaw marks: Curved and lighter in color than skid marks, a truck may leave yaw marks behind if the driver tries to turn out of the path of a vehicle or obstruction.
• Vehicle damage: Where the truck hit your car and the severity of damage may be indicative of the role excess speed played in the accident.
• Debris in the roadway: High-speed collisions between tractor-trailers and other vehicles can create sizable debris fields. The distribution of debris can provide clues as to the rate of travel and the severity of the impact.

Physical evidence at the scene will not last forever. You should contact a Cincinnati truck accident attorney as soon as possible to ensure that the crash is investigated promptly.

Eyewitness Testimony

Witnesses may have seen the truck speed past them or struggle to slow down before the crash. Their testimony can support allegations of negligence against the truck driver.

Crash Reports

A serious truck accident may be investigated by local and state police. In the event of a major crash, the National Transportation Safety Board (NTSB) may also be called in to investigate.

Investigative reports may contain numerous facts to help your case. Our attorneys can help you obtain the police report and other investigative documents.

Preparing a Truck Driver Speeding Accident Claim

If you are struck by a speeding big rig, you will likely suffer serious or catastrophic injuries. These injuries require immediate medical attention, so calling 911 should be your first priority.

Burg Simpson takes prompt steps to prepare your claim so you can focus on recovery. This includes:

• Drafting a letter of preservation (also called a letter of spoliation) to safeguard any evidence in the defendants’ possession. This includes documents, electronic data, and even the truck and the trailer.
• Identifying witnesses and getting their statements.
• Obtaining copies of accident reports from the Cincinnati Police Department, Ohio State Highway Patrol, and the NTSB.
• Collecting video footage from dashcams, traffic cameras, and surveillance cameras (if available).
• Visiting the accident scene as soon as possible to look for skid marks, yaw marks, and debris.
• Taking measurements at the scene. Accurate measurements create reference points for determining how fast the truck was traveling and may aid in reconstructing the accident.
• Reconstructing the accident. Our firm has relationships with experts in accident reconstruction and the trucking industry who can help us establish that the truck driver was at fault, as well as potential negligence on the part of trucking companies, parts manufacturers, and others who may have contributed to the collision.

We also calculate the damages you suffered from the accident. These may include medical bills, loss of income, diminished earning capacity, pain and suffering, etc. If your loved one was tragically killed by a speeding truck driver, you and your family may be entitled to wrongful death damages.

Frequently Asked Questions About Truck Accidents & Speeding

Does the Truck Driver Need to Be Cited for Speeding for Me to Bring a Claim?

At Burg Simpson, we review the crash report to find out if the truck driver received a citation for speeding, reckless driving, and other offenses. The absence of a ticket does not mean the driver was not speeding; it just means a ticket was not issued.

We assess multiple forms of evidence (ECM/EDR data, skid marks, logbooks, etc.) to determine whether excess speed was a factor. Comprehensive investigation is critical for preparing a successful claim.

What If the Truck Driver Said I Caused the Accident?

Clients of Burg Simpson are often concerned that errors on their part can sink their claim. The truck driver may try to avoid liability by claiming that you were driving over the speed limit or otherwise negligent.

Do not take these claims at face value. Even if you did contribute to the crash, Ohio’s modified comparative negligence standard (see Ohio Revised Code § 2315.33) still allows you to recover partial compensation if your share of fault is less than 50%.

Burg Simpson can protect your rights if the driver, another defendant, or the insurer claims that you caused the accident. Our emphasis on thorough evidence collection enables us to accurately evaluate fault in accidents caused by speeding trucks.

How Long Does the Evidence Last?

Cincinnati truck accident attorneys at Burg Simpson act fast because much of the evidence in your case is short-lived. For example:

• Data contained within an ECM or EDR is typically overwritten within days or weeks; this can vary by make and model.
• Carriers are only required to keep a driver’s logs and ELD data for six months.
• Per the Federal Motor Carrier Safety Administration (FMCSA), trucking companies must maintain driver qualification records for the duration of a driver’s employment and 3 years afterward.
• FMCSA record keeping requirements also state that vehicle maintenance records must be kept for 1 year while the truck is in service and 6 months after the carrier no longer has control of the truck.

Bottom line: There is very little time to collect all of the evidence needed to prove the speeding truck driver was at fault for the accident. At Burg Simpson, we waste no time gathering evidence and leave no stone unturned in your fight for justice.

How Much Time Do I Have to Make a Claim?

Perhaps one of the most important questions people ask Burg Simpson is how long they have to take legal action. In Ohio, the statute of limitations is 2 years from the date you were injured.

The 2-year time limit also applies in cases of wrongful death. Critically, the clock does not start running until the date of death, rather than the date of the accident.

Given the limited amount of time you have to make a claim after a truck accident, it is vital to take action ASAP. The Ohio truck accident lawyers at Burg Simpson begin preparing your case without delay. If necessary, we will file a lawsuit before the deadline.

Who Sets Speed Limits in Ohio?

Burg Simpson is a national law firm with deep roots in the communities we serve. Our knowledge of local and state laws is critical for representing you effectively.

From local and state roads to interstate highways, speed limits are set by the Ohio General Assembly. Approval by the Ohio Department of Transportation is required if the speed limit is reduced.

Lawyers at Burg Simpson know the Cincinnati area and the important role of safe speeds in road safety. When a truck driver exceeds the speed limit and causes a serious accident, our firm has the knowledge and resources to hold them responsible.

Burg Simpson Can Help with Your Cincinnati Truck Accident Claim

Trucking accidents present a host of unique legal challenges. Even if the truck driver was cited for speeding, that does not automatically qualify you for compensation.

Attorneys at Burg Simpson have the experience, knowledge, and resources to prepare a strong truck driver speeding accident claim on your behalf. Our firm has earned more than $2 billion for clients who were seriously injured due to the negligence and wrongdoing of others. We prepare every case as though it will go to trial, which is hugely beneficial for negotiating a favorable settlement and, if necessary, presenting your case in court.

Contact us today for a FREE case evaluation. Burg Simpson serves the victims of speeding truck drivers in Cincinnati, Sharonville, Blue Ash, Fairfield, and other areas of Ohio.