Nashville Speeding Accident Lawyer

What Constitutes Speeding in a Tennessee Car Accident Case?
Tennessee Code § 55-8-152 makes it unlawful to drive above the statutory speed limits. According to the Tennessee Traffic Safety Office, the statutory maximum speed is 70 mph on interstate highways and 65 mph on other public roads (T.C.A. § 55-8-152). However, drivers must adjust their speed for rain, fog, nighttime driving, construction, or heavy traffic regardless of posted limits.
Negligent drivers may tailgate at highway speeds, slam on their brakes at intersections, or speed through areas with heavy pedestrian traffic, such as school zones and neighborhoods. If they are distracted, they may fail to slow down for stopped traffic. Aggressive driving, such as racing or cutting other drivers off, can also lead to a speeding accident.
Why Are Speeding Accidents So Dangerous?
The risk of serious injuries and fatalities increases significantly in speeding accidents due to reduced reaction times and increased stopping distances. High speeds make it difficult to control the vehicle, potentially leading to a loss of control.
Other drivers have less time to make evasive maneuvers, so they may not be able to avoid collisions. The high crash force reduces the ability of seat belts, airbags, or vehicle frames to absorb impacts, causing more severe injuries in rear-end, head-on, and side-impact crashes. There is also an increased risk of rollovers, which may be fatal.
Pedestrians and cyclists struck in a speeding accident are more likely to pass away, as they have no protection against the extreme forces.
What Are the Most Common Locations of Speeding Accidents in Nashville?
Nashville’s interstates, including I-40, I-24, and I-65, are notorious for speeding-related accidents due to heavy traffic and confusing interchanges. Briley Parkway, Gallatin Pike, and Murfreesboro Pike also have frequent speeding accidents.
Downtown corridors near Broadway and Demonbreun are known for impatient commuters who may refuse to slow down. High-traffic intersections in busy areas like Midtown, Green Hills, East Nashville, and Antioch are also dangerous.
Drivers coming from the interstate may suffer from highway hypnosis and fail to slow down at the exit, potentially speeding through school zones, residential streets, parking lots, and commercial corridors.
What Types of Crashes Do Speeding Drivers Cause?
Common types of speed-related crashes we see include:
- Rear-End Crashes: Drivers may not be able to stop in time, causing whiplash, concussions, back injuries, and multi-vehicle pileups.
- Intersection Crashes: These are often side-impact collisions caused by disregarding traffic signals.
- Head-On Collisions: Speeding, unsafe passing, lane departure, or loss of control may cause serious or fatal injuries.
- Rollover Accidents: Highway accidents with sharp turns or overcorrections can lead to severe rollovers.
- Pedestrian and Bicycle Accidents: Drivers may not be able to stop in time for people in crosswalks, bike lanes, and neighborhoods.
- Multi-Vehicle Crashes: Speeding accidents often trigger chain-reaction crashes, especially during peak traffic hours or on highways.
How Do You Prove the Other Driver Was Speeding?
While a speeding citation may help, a civil case may require evidence linking the speed to the accident and injuries. A lack of citation also does not mean you do not have a case.
Evidence may include:
- Police report
- Speeding citation
- Skid marks
- Gouge marks or debris field
- Vehicle damage patterns
- Crash scene photos
- Dashcam footage
- Traffic camera footage
- Surveillance footage from nearby businesses
- Event data recorder data
- GPS or telematics data
- 911 call timing
- Witness statements
- Accident reconstruction analysis
- Expert opinions
- Cell phone or app data, where relevant
- Commercial vehicle records, if the speeding driver was working
What Injuries Are Common in Speeding Accidents?
Car accident victims in a high-speed crash often suffer very serious injuries, such as:
- Traumatic brain injuries
- Concussions
- Whiplash
- Neck and back injuries
- Soft tissue injuries
- Spinal cord injuries
- Broken bones
- Chest injuries
- Internal bleeding
- Internal injuries
- Organ damage
- Facial injuries
- Dental injuries
- Eye injuries
- Burns or airbag injuries
- Scarring and disfigurement
- Amputations
- Fatalities
Who Can Be Liable in a Nashville Speeding Accident Injury Claim?
The negligent driver is typically the first party in a speeding accident claim, such as a delivery driver rushing to complete an order. However, other parties may also be considered liable, such as:
- Other negligent drivers in multi-vehicle accidents
- A driver’s employer when commercial drivers exceed safe speeds
- Trucking companies for trucking accidents
- Vehicle owners who negligently allowed a reckless or distracted driver to use their car
- A bar or business in some DUI accident claims
Rideshare and delivery accidents, such as if a rideshare driver was speeding to pick up passengers, may depend on the driver’s status at the time of the crash and the company’s specific insurance structure.
What Damages Can You Recover After a Speeding Accident?
Damages awarded in car crash cases often include medical bills, lost wages, and non-economic damages like emotional distress.
These may include:
- Emergency medical treatment, hospital stays, and surgery
- Physical therapy
- Future medical expenses
- Prescription medication
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Wrongful death damages in fatal cases
Can You Recover Compensation if You Were Also Accused of Speeding?
It is still possible to recover compensation under the Tennessee Supreme Court’s McIntyre v. Balentine ruling. You must be no more than 50% liable, and you will not receive maximum compensation if you share any blame. Our legal team will help determine fault and ensure you are not unfairly blamed.
What Should You Do After a Speeding Accident in Nashville?
Follow these steps as soon as possible:
- Call 911 and report your accident.
- Get medical care.
- Tell the officer if you believe speeding was involved.
- Photograph the accident scene, including damage, skid marks, debris, road conditions, and traffic signs.
- Gather evidence like witness names, contact information, and dashboard camera.
- Do not admit fault or guess speeds.
- Contact an experienced attorney before giving recorded statements.
- Contact our law firm to preserve evidence immediately.
How Long Do You Have to File a Speeding Accident Lawsuit in Tennessee?
The statute of limitations for Nashville car accident cases is usually one year from the date of the accident (Tennessee Code § 28-3-104), making it essential to start your personal injury claim as soon as possible.
How an Experienced Car Wreck Lawyer From Our Law Firm Can Help
Our firm will thoroughly investigate your claim, including witness statements, medical records, accident reports, and video evidence. By examining the vehicle damage and skid marks, we can determine whether speeding was involved. We may also work with accident reconstruction experts.
We handle negotiations with insurance companies, including responding to comparative fault arguments. By calculating your losses like property damage, lost wages, and medical costs, we ensure you recover damages that cover all past and future medical care. We can also file a personal injury lawsuit if insurance companies don’t negotiate fairly.
How Much Does a Nashville Car Accident Lawyer Cost?
Our firm operates on a contingency fee basis, meaning you pay nothing upfront and owe only a percentage of the final settlement.
Book a Free Consultation With a Nashville Personal Injury Lawyer
Contact a Nashville personal injury lawyer for a free consultation to evaluate your case and discuss legal options. You can call us at 615-255-9999 or use our online contact form to discuss your needs.