You can still recover money for your injuries in a Missouri car accident even if you were speeding when the crash occurred.
Missouri follows a pure comparative negligence system, which means your compensation is reduced by your percentage of fault, but you don’t lose your right to recover damages entirely.
Unlike states that completely bar recovery if you contributed to the accident, Missouri allows you to collect compensation even if you were significantly at fault.
If you’re worried that speeding will hurt your accident claim, understanding how Missouri’s fault system works is crucial for protecting your rights. Insurance companies often try to shift more blame onto drivers who were speeding, but your speed must have actually contributed to causing the crash for it to affect your compensation.
Many factors determine how much fault gets assigned to each driver, and speeding alone doesn’t automatically make you responsible for the entire accident.
This guide explains how speeding affects your Missouri accident claim, what evidence matters in determining fault, and how to protect your right to compensation when you share responsibility for a crash.
How Does Pure Comparative Fault Reduce Your Payout?
Under Missouri’s shared fault system, your final settlement gets reduced by your exact percentage of fault. The math is straightforward, and insurance companies or courts assign each driver a specific percentage based on how much their actions contributed to the crash.
Here’s how the reduction works in real situations:
- 20% fault scenario: $100,000 in damages becomes $80,000 you can recover
- 40% fault scenario: $50,000 in damages becomes $30,000 you can recover
- 75% fault scenario: $200,000 in damages becomes $50,000 you can recover
Even if you’re found mostly at fault for the accident, Missouri law still allows you to recover something. This protection ensures you’re not left with nothing when another driver also contributed to the crash through their own negligent actions.
When Does Speeding Actually Cause the Crash?
Speeding doesn’t automatically make you responsible for causing an accident. For your speed to affect your compensation, it must be what lawyers call a “proximate cause” of the crash.
Proximate cause means your speeding was a direct and substantial factor that led to the collision. Simply breaking a traffic law by going over the speed limit isn’t enough to assign you fault if other factors were more significant.
Consider this example: you’re driving 40 mph in a 35 mph zone when another driver runs a red light and T-bones your car. Their illegal action was the primary cause of the crash, not your minor speeding. Courts look at whether your speed actually made the accident unavoidable or more severe.
The key question becomes whether you were driving “too fast for conditions” rather than just exceeding the posted limit. Weather, traffic, visibility, and road conditions all matter when determining if speed contributed to the crash.
Common Crash Scenarios Involving Speeding
Certain types of accidents frequently lead to disputes about whether speeding caused or contributed to the collision. Understanding how fault works in these situations helps you know what to expect.
Left Turns, Yellow Lights, and Speed
When someone makes a left turn in front of you, they must yield to oncoming traffic. However, if you were speeding, they might argue you created the dangerous situation by approaching too fast.
These cases often involve disputes about whether you could have safely stopped for a yellow light. The turning driver’s insurance company will claim your speed made their turn reasonable, while you’ll argue they should have waited regardless of your speed.
Both drivers may share fault in these scenarios. The turner violated Missouri right-of-way laws, but excessive speed might have contributed to making the crash unavoidable.
Rear-End Accidents and Following Distance
Most people assume the rear driver is always at fault in a rear-end crash, but that’s not necessarily true. If you were speeding and then had to brake suddenly, the driver behind you might not be entirely responsible.
These situations get complicated when “brake checking” is involved. If you were speeding and then slammed on your brakes without warning, you could share fault even though you got hit from behind.
Dashcam footage becomes critical evidence in these cases. It can show whether you were maintaining a safe speed and following distance or if your actions contributed to the collision.
Chain Reactions and Highway Pileups
Multi-car accidents on highways often involve speed as a major factor. Each driver involved gets assigned their own percentage of responsibility based on their specific actions leading up to the crash.
Missouri’s pure comparative fault system handles these complex accidents by evaluating what each person did wrong. If you were speeding but someone else changed lanes unsafely, you might both share fault along with other drivers who couldn’t stop in time.
Speed affects how much damage occurs in these pileups. Even if you didn’t cause the initial collision, excessive speed might increase your fault percentage if it made the crash more severe.
What Evidence Proves or Disputes Speed?
Determining how fast you were actually going at the time of impact is crucial for assigning fault percentages. Several types of evidence can either support or challenge claims about your speed.
Black Box Data, Dashcams, and Scene Evidence
Most modern cars have an Event Data Recorder, also called a black box or EDR. This device automatically records your speed, braking, and steering inputs in the seconds before a crash.
Black box data provides objective evidence that’s hard to dispute. If it shows you were going 45 mph in a 35 mph zone, that becomes a key piece of evidence in determining your fault percentage.
Other physical evidence tells the speed story too:
- Skid mark length: Longer marks typically indicate higher speeds before braking
- Damage severity: More extensive damage often correlates with higher impact speeds
- Debris spread: How far parts scattered can help experts calculate speed
- Dashcam footage: Video evidence shows actual speeds and driving behavior
Phone Records, Traffic Lights, and Witness Accounts
Indirect evidence can also establish speed when direct measurements aren’t available. Your phone’s GPS data creates a timeline of your movement and speed leading up to the crash.
Traffic light timing records help determine if you were speeding through an intersection. If the light was yellow for three seconds and witnesses saw you enter at the last moment, experts can calculate your approximate speed.
Witness statements about your driving behavior before the crash provide additional context. Someone who saw you “flying down the road” gives insurance adjusters ammunition to increase your fault percentage.
What Should You Say to Insurance Companies About Speed?
Be extremely careful about what you tell insurance adjusters about your speed. Anything you say can be used to increase your fault percentage and reduce your compensation.
Insurance companies train their adjusters to ask leading questions that get you to admit fault. They might ask seemingly innocent questions like “How fast were you going?” when you’re still shaken up from the accident.
Follow these guidelines when talking to insurers:
- Don’t guess your speed: If you’re not completely certain, don’t offer an estimate
- Don’t apologize: Saying “I’m sorry” can be twisted into an admission of fault
- Stick to basic facts: Only state what you know for certain happened
- Call us first: Get legal advice before giving any recorded statement
Remember, you’re not legally required to give a recorded statement to the other driver’s insurance company. You can politely decline and refer them to your attorney.
Could a Speeding Ticket Hurt Your Claim?
A speeding ticket is handled separately from your injury claim, but it can still affect your case. The ticket serves as evidence that you violated traffic laws, but it doesn’t automatically prove you caused the accident.
Traffic court and civil injury claims have different standards of proof. You might pay a speeding ticket to avoid court hassle, but that payment could be seen as admitting fault in your injury case.
We strongly recommend consulting with us before paying any traffic ticket related to your accident. Once you pay it, insurance companies will use that payment as evidence that you admitted responsibility for the crash.
Sometimes fighting the ticket makes sense for your injury claim, even if it means going to traffic court. We can help you understand how the ticket might affect your overall case.
What Damages Can You Still Recover if You Were Speeding?
Even if you were partially at fault for speeding, you still have the right to seek compensation for your injuries and losses. Your partial fault reduces your compensation but doesn’t eliminate it entirely.
You can pursue recovery for all the same types of damages as any accident victim:
- Medical expenses: Hospital bills, surgery costs, physical therapy, and future treatment
- Lost wages: Income you’ve missed while recovering from your injuries
- Future earnings: Reduced ability to work or earn money long-term
- Pain and suffering: Physical discomfort and emotional distress from the accident
- Property damage: Repairs or replacement of your vehicle and personal items
The key is proving the full extent of your damages before any fault reduction is applied. We work with medical experts and economists to document every loss you’ve suffered.
Will MedPay Coverage Help if You Were Speeding?
Medical Payments coverage (MedPay) pays for your immediate medical expenses regardless of who caused the accident. This optional auto insurance coverage is fault-neutral, meaning it applies even if you were 90% responsible for the crash.
MedPay typically covers emergency room visits, ambulance transport, and initial treatment costs up to your policy limits. It provides quick payment for urgent medical needs while your injury claim gets resolved.
Many Missouri drivers have MedPay coverage without realizing it. Check your auto insurance policy or ask your agent about this valuable protection that can help immediately after an accident.
Factors That Affect Your Settlement When You Were Speeding
Several factors determine how much compensation you can recover when speeding contributed to your accident. Understanding these factors helps set realistic expectations for your case outcome.
Your fault percentage has the biggest impact on your final settlement. If you’re found 25% at fault for speeding, you’ll recover 75% of your total damages. Insurance companies fight hard to increase your fault percentage because it directly reduces what they pay.
The severity of your injuries also matters significantly. More serious injuries typically result in higher compensation, even after fault reductions are applied. A $200,000 case reduced by 30% still leaves you with $140,000.
Available insurance coverage limits how much you can recover regardless of fault percentages. If the other driver only has minimum liability coverage, that might cap your recovery even if your damages are much higher.
Evidence quality affects both fault determination and damage calculations. Strong evidence that the other driver was texting or drunk can shift fault percentages in your favor, while weak evidence might increase your share of responsibility.
Injured While Speeding in Missouri? Get Legal Help Today
If you’re worried that speeding will destroy your accident claim, we understand your concerns. At Beck & Beck Missouri Car Accident Lawyers, we’ve helped thousands of injured Missouri drivers recover compensation even when they shared fault for their accidents.
As a family-run practice, we know how overwhelming it feels to face insurance companies alone after an accident. We’re the only law firm in Missouri that focuses exclusively on Missouri auto accident law, which means we understand exactly how comparative fault works in cases like yours.
We work to minimize your fault percentage and maximize your compensation. We’ve helped many clients obtain compensation, including those who feared their mistakes would prevent recovery.
Our skilled Missouri auto accident attorneys handle all negotiations with insurance companies so you can focus on healing from your injuries. Our team investigates every aspect of your crash to build the strongest possible case for your recovery.
You don’t pay us anything unless we win your case. We offer free consultations to review your situation and explain your options with no obligation. Our attorneys are available 24/7 because we know accidents don’t happen on a convenient schedule.
Don’t let concerns about speeding prevent you from getting the help you deserve. Contact Beck & Beck Missouri Car Accident Lawyers today to learn how we can protect your rights and fight for your compensation.
Frequently Asked Questions
If I Was 5-10 MPH Over the Speed Limit, Can They Deny My Claim?
Minor speeding violations rarely result in complete claim denials in Missouri. However, even small amounts over the speed limit might slightly reduce your final compensation if the insurance company can prove it contributed to the crash.
Is Speeding Considered Negligence Per Se in Missouri?
Yes, violating speed limit laws is negligence per se, meaning the law violation itself proves negligence. However, you must still prove that your speeding actually caused or contributed to the accident for it to affect your compensation.
What if the Other Driver Made an Illegal Left Turn While I Was Speeding?
The other driver’s illegal left turn would likely make them primarily at fault since they violated right-of-way laws. Your speeding might result in a small percentage of comparative fault, but you should still recover most of your damages.
Can Insurance Companies Access My Car’s Black Box Data?
Insurance companies can access your vehicle’s Event Data Recorder, but they need either your written consent or a court order. They cannot simply take the data without following proper legal procedures.
I Already Told the Insurance Adjuster I Was Speeding. What Should I Do Now?
Contact our firm immediately so we can work to minimize the damage from that statement. We can gather evidence showing that other factors were more significant causes of the accident than your speed.
Should I Pay My Speeding Ticket Right Away?
No, consult with us before paying any traffic ticket related to your accident. Paying the ticket can be interpreted as admitting fault, which could hurt your injury claim and reduce your compensation.
Can I Still Recover Money if I Was 80-90% at Fault for Speeding?
Yes, Missouri’s pure comparative negligence law allows recovery even when you’re mostly at fault. If you were 90% responsible, you could still recover 10% of your total damages, which might still be substantial depending on your losses.
