In a California personal injury case where a driver loses control due to high speed, the driver is typically found at fault under the theory of negligence or reckless driving. Excessive speed reduces a driver’s ability to maintain control, increases stopping distance, and heightens the severity of any resulting collision—making it a strong basis for legal liability.
🚦 Legal Grounds for Liability
- California Vehicle Code § 22350 – Basic Speed Law “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent…”
Even if the driver wasn’t exceeding the posted limit, they can still be found liable for driving too fast for conditions (e.g., traffic, weather, curves, or congestion). - California Vehicle Code § 23103 – Reckless Driving
- Driving at dangerously high speeds—especially in residential or high-traffic areas—may be classified as reckless, which strengthens a civil claim and could result in punitive damages.
- Negligence Per Se
- If a speeding driver violated the law and caused a crash, they can be presumed negligent per se, making it easier for an injured party to win their case.
💼 Recoverable Damages for Injured Victims
If you were injured due to a driver losing control from speeding, you may be entitled to:
- Medical expenses (including emergency care and long-term treatment)
- Pain and suffering
- Lost wages and loss of future earning capacity
- Property damage (vehicle and personal property)
- Emotional distress
- Punitive damages, if the speeding was egregiously dangerous or intentional
🧾 Key Evidence to Prove Speed-Related Negligence
- Police report noting speeding or citations
- Accident reconstruction expert reports
- Eyewitness testimony about how fast the vehicle was going
- Dashcam or surveillance footage
- Skid marks or road debris patterns
- Vehicle event data recorder (black box) showing speed at time of crash
- Traffic camera footage, if available
✅ Steps to Take After the Incident
- Seek medical attention immediately
- File a police report and obtain a copy
- Preserve evidence: take photos, gather witness contacts, and request video
- Avoid speaking to the at-fault driver’s insurance without legal advice
- Contact a personal injury attorney to evaluate your claim and negotiate on your behalf
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].