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Using car damage as evidence of speeding can be difficult but can also be the deciding factor in placing blame on one party for the accident. The type of damage is very helpful in using car damage to your benefit.
The amount and type of damage to a car involved in an accident differs depending on how fast the cars were traveling. Accidents occurring at low speeds often have little damage because the force of impact is small; in contrast, fast traveling automobiles are often severely damaged or totally destroyed because of the force of the impact.
A car moving a very high speed can completely destroy the vehicle it impacts. The easiest way to show that the other party was driving above the speed limit at the time of the accident is to point to your car total destruction. It is not enough for you to claim that your car was no longer usable; total destruction must be found by an insurance adjuster or your insurance company.
A car that lost a bumper, door, tires or another part as the result of an accident indicates that the other driver was moving at a very high speed. If the force of the impact was so high that it separated parts of the vehicle not designed as “fly-away” meaning that they will separate upon impact, this could potentially mean that the other party was speeding.
One of the best ways to use car damage as an indication of speeding is to argue that there is no way that an accident occurring at the speed limit in the location of the accident could cause the damage that was incurred. There is minimal damage when a car driving at 25 or 35 miles per hour that collides with another car. An accident in which one or both cars sustained major damage is an indication that one driver was not observing the speed limit.
If your car required replacement parts to fix the damage because the original parts were not reparable, it is likely that the other driver was exceeding the speed limit. It takes a large amount of impact to destroy the metal used to create an automobile, therefore the total destruction of a piece makes it likely that the other party was speeding.
A car in which the passenger area or the engine compartment was damage indicates that the other party was speeding. For these areas to be damaged the outside parts must have been destroyed. Car manufacturers design automobiles so that the exterior absorbs the majority of the impact and the passengers are left as unharmed as possible. An interior of a car that requires repair indicates that the impact was such that the protection afforded by the car’s exterior was depleted.
If you have been involved in an accident in which you suspect the other party was speeding, seek legal assistance with your claim. An attorney will evaluate the damage your car sustained and analyze using that damage to prove speeding.