Who Is At Fault: Speeding Collision

A speeding collision is assessed on the same basic test as any crash, but exceeding the posted limit is treated as strong evidence that a driver failed to take reasonable care. This does not automatically make the speeding driver fully responsible on its own.

The court still looks at the whole picture, including how the other driver behaved and whether their own actions contributed.

See who is at fault and making a road accident claim for the general picture.

The typical facts in a speeding collision

Speed usually shows up in a crash in one of a few ways.

• A vehicle unable to stop in time for a sudden hazard
• Severe damage or vehicle roll-over inconsistent with normal traffic speed
• A driver losing control on a bend taken too fast
• A vehicle striking another with far more force than a low-speed impact would produce

Establishing the actual speed, rather than guessing from the damage alone, is usually the key task.

How is fault usually assessed?

The court treats exceeding the posted limit, or driving too fast for the conditions, as evidence of a failure to take reasonable care. This weighs heavily against the speeding driver, though it is combined with everything else that happened in the crash.

A driver travelling at a lawful speed can still share some responsibility if their own actions, such as a sudden lane change, contributed.

What evidence proves speed after the fact?

• Speed camera or traffic light camera footage
• Skid mark length and position on the road
• The severity and pattern of damage on both vehicles
• Dashcam footage from either vehicle
• The police report, which often records an estimated speed
• Witness accounts of how fast the vehicle appeared to be moving

Skid marks fade and camera footage is often overwritten quickly, so these are worth chasing early.

Were you partly at fault?

If your own speed, even if lower than the other driver’s, also contributed to the crash, a court can reduce your compensation for that share rather than end the claim.^[1] There is no fixed percentage for this.

See how contributory negligence works for the general rule.

What to do at the scene and after

1. Get medical attention and keep every record.
2. Lodge a police report within 24 hours, and mention your own estimate of the speeds involved.^[2]
3. Photograph the skid marks, damage and road layout before anything is cleared.
4. Ask nearby premises whether they have camera footage covering the road.
5. Notify your insurer and avoid agreeing on fault before the evidence is gathered.

For a highway crash involving several vehicles at speed, see chain collision highway.