It happens in an instant. One moment, you are driving down an Alabama highway like I-85 or a local road in Montgomery; the next, you are caught in a maelstrom of crushing metal, shattering glass, and violent force.

The jarring impact is often the result of a single, preventable choice made by another driver: the decision to speed. Exceeding the posted speed limit or driving too fast for conditions is not merely a minor traffic infraction that leads to a ticket. It is a leading cause of catastrophic vehicle collisions across our state, leaving a wake of devastating injuries and shattered lives.

The Unmistakable Physics of Speed

A vehicle traveling at a high rate of speed is a vessel of immense kinetic energy. While we may not think in terms of physics during our daily commutes, the laws of motion are unforgiving in a crash. The faster a vehicle is moving, the more difficult it becomes to control and the more violent the subsequent impact will be.

Three key factors are directly affected by a driver’s speed:

• Perception and Reaction Time: A driver must first perceive a hazard—a stopped car, a pedestrian, a deer—and then react. At higher speeds, the distance your vehicle travels during this critical thinking process increases significantly, leaving less time and space to avoid a collision.
• Braking Distance: The kinetic energy that must be dissipated to bring a vehicle to a stop increases exponentially with speed. Doubling a car’s speed from 30 mph to 60 mph does not just double the stopping distance; it quadruples it. For a heavy semi-truck, this distance is even more pronounced.
• Crash Severity: The force of impact is directly related to a vehicle’s speed. A collision at 65 mph is not just slightly worse than one at 50 mph; the destructive energy released is substantially greater, leading to more severe vehicle damage and a higher likelihood of catastrophic injuries or fatalities.

Think of it like this: dropping a bowling ball on your foot from one foot up is painful. Dropping that same ball from the top of a building results in a completely different, and far more devastating, outcome. The ball’s weight never changed, but the energy it carried upon impact did—dramatically. The same principle applies to a speeding car or truck.

What Does Alabama Law Say About Speeding?

To build a successful injury claim, it is important to show how a driver violated their legal duty to operate their vehicle safely. In Alabama, speeding is not just about the number on a sign; the law addresses it in two primary ways.

• The “Absolute Speed Limit”: This is the most straightforward rule. Alabama Code Title 32-5A-171 sets maximum speed limits for various types of roadways (e.g., 70 mph on interstates, 30 mph in urban districts). Driving even one mile per hour over this posted limit is a violation.
• The “Basic Speeding Law”: Alabama Code Title 32-5A-170 is equally important. This statute requires that a driver operate their vehicle at a speed that is “reasonable and prudent under the conditions.” This means a person can be ticketed for speeding even if they are driving below the posted limit. Conditions that might require a driver to slow down include rain, fog, heavy traffic, construction zones, or winding roads. A driver on Taylor Road in Montgomery during a thunderstorm, for instance, has a duty to drive much slower than the posted limit.

When a driver violates either of these statutes and causes a crash, it can be considered powerful evidence of their negligence.

Why Do Drivers Speed on Alabama Roads?

While every situation is unique, a few common behaviors and mindsets contribute to speeding-related crashes. A thorough investigation often reveals that the at-fault driver was:

• Distracted or Inattentive: A driver who is texting, talking on the phone, or otherwise not paying attention may not realize how fast they are going.
• Operating Under the Influence: Alcohol and drugs impair judgment, leading to reckless behaviors like excessive speeding.
• Driving Aggressively: “Road rage” and aggressive driving are significant problems, causing drivers to speed, tailgate, and weave through traffic without regard for others’ safety.
• Running Late: Many drivers justify speeding because they are in a hurry to get to work, school, or an appointment, prioritizing their schedule over public safety.

How Does Speeding Affect Commercial Truck Accidents?

When an 80,000-pound semi-truck is speeding, the danger is magnified to an extreme degree. The Federal Motor Carrier Safety Administration (FMCSA) sets safety regulations for the trucking industry, but violations are all too common.

A speeding truck is more likely to:

• Suffer a Rollover: Taking a curve or an exit ramp too fast can cause the truck’s high center of gravity to shift, leading to a dangerous rollover.
• Experience Brake Failure: The immense weight of a commercial truck already puts enormous strain on its braking system. Speeding increases this strain, and can cause brakes to overheat and fail, especially on downhill grades.
• Jackknife: If a trucker has to slam on the brakes at high speed, the trailer can swing out, creating a jackknife situation that blocks multiple lanes of traffic.

Investigators in a truck accident case will immediately seek to preserve evidence from the truck’s Electronic Logging Device (ELD) and its Event Data Recorder (EDR), or “black box.” This data provides a second-by-second account of the truck’s speed, braking, and other actions in the moments leading up to the crash, often providing undeniable proof of a driver’s negligence.

What Kind of Evidence Helps Prove Speed Was a Factor?

After a high-speed crash, your word against the other drivers is often not enough. A strong claim is built on solid evidence. An investigation may uncover several key pieces of proof, including:

• The Official Police Report: The responding officer will often note their opinion on whether speed was a contributing factor, based on physical evidence and statements.
• Eyewitness Testimony: A statement from a neutral third party who saw the at-fault driver speeding just before the collision can be incredibly persuasive.
• Accident Scene Analysis: The length and nature of skid marks, the location of debris, and the extent of vehicle damage can all help an accident reconstructionist calculate vehicle speeds.
• Electronic Data: As mentioned, data from a vehicle’s EDR can provide objective, scientific proof of how fast a vehicle was traveling at the moment of impact.
• Surveillance Footage: Cameras from nearby businesses or traffic lights sometimes capture the collision, offering a clear and unbiased view of events.

Speeding, Negligence, and Alabama’s Contributory Negligence Rule

In any personal injury claim, you must prove the other party was negligent. When a driver is speeding, they are often breaching their duty to operate their vehicle safely. In some cases, the legal doctrine of “negligence per se” may apply. This means that if a driver violated a safety law (like a speed limit) and that violation directly caused the type of harm the law was designed to prevent, their negligence is presumed.

This is especially significant in Alabama because of our state’s harsh contributory negligence law. This rule states that if an injured person is found to be even 1% at fault for the accident that caused their injuries, they are completely barred from recovering any financial compensation.

Insurance companies are fully aware of this rule and will use it to their advantage. They may try to argue that you were also negligent in some small way—perhaps by pulling out too slowly or not braking fast enough—to assign you a tiny percentage of fault and deny your claim entirely.

Having clear evidence that the other driver was speeding is one of the strongest defenses against this tactic and is essential to protecting your right to recovery.

What Types of Compensation Can Be Recovered?

Victims of crashes caused by speeding drivers may be entitled to recover compensation for a wide range of losses. These damages are generally categorized as follows:

Economic Damages: These are for your measurable financial losses.

• Medical Bills (past and future)
• Lost Wages and Income
• Loss of Future Earning Capacity
• Property Damage
• Rehabilitation and Therapy Costs

Non-Economic Damages: These compensate for the intangible, personal losses you have suffered.

• Physical Pain and Suffering
• Emotional Distress and Mental Anguish
• Loss of Enjoyment of Life
• Permanent Scarring or Disfigurement

Punitive Damages: In cases where the at-fault driver’s conduct was particularly reckless or wanton—for example, driving at an extremely high speed in a school zone—a court may award punitive damages. These are not meant to compensate the victim but to punish the wrongdoer and deter similar behavior in the future.

Protecting Your Rights After a Crash

The moments after an accident are chaotic, but the steps you take can protect your health and your legal rights. If you are involved in a collision and believe the other driver was speeding, try to take the following actions if you are able:

• Prioritize Safety: Move to a safe location away from traffic if possible and check on others involved.
• Call 911: Request police and emergency medical services to the scene. A police report is a vital piece of evidence, and getting a medical evaluation is important, even if you feel fine, as some serious injuries are not immediately apparent.
• Document Everything: Use your phone to take pictures and videos of the vehicle positions, damage to all cars, skid marks, road conditions, and any visible injuries.
• Speak to Witnesses: If there are witnesses, ask for their names and contact information. Their account could be invaluable.
• Report the Incident: Notify your own insurance company that an accident occurred, but stick to the basic facts. Do not give a recorded statement to the other driver’s insurance adjuster without first speaking to an attorney.

Navigating the Legal Aftermath of a Speed-Related Accident

Collisions caused by a speeding driver are far more than routine accidents. They involve complex issues of evidence, physics, and a stringent Alabama liability standard that can be difficult to overcome without knowledgeable legal guidance.

Establishing fault requires a swift and thorough investigation to preserve evidence and build a compelling case.

Attorney Aaron Luck and the dedicated legal team at McPhillips Shinbaum are committed to helping victims hold negligent drivers and their insurance companies accountable. We have the resources and experience to investigate complex collisions and fight for the full compensation you deserve.

Your focus should be on your recovery. Let us handle the legal burdens. To discuss your case and learn more about your options, contact us for a consultation. You can reach our Montgomery office by calling (334) 262-1911 or by completing our online contact form.