Your speed isn’t just a detail. It can define your whole case.
This month, New York lawmakers began considering a “super speeder” bill that would force certain high-risk drivers to install speed-limiting devices in their cars, tech that actively prevents a vehicle from exceeding the posted speed limit.
The legislation would apply to anyone who racks up 11 or more points on their license within two years or receives six or more speed or red-light camera tickets in a year. Drivers who qualify would be required to show proof of installation or face license suspension. This effort comes on the heels of a Brooklyn crash in March that killed a mother and two children.
Whether you’re the one speeding or the victim of someone else’s excessive speed, how fast someone was going can completely shift the legal and financial outcome of a crash.
What’s in This Guide:
- Does Speeding Put You at Fault in a Car Accident?
- Can Insurance Deny a Claim If You Were Speeding?
- How Do Police Determine Speed in an Accident?
- Does Speeding Increase Accident Risk?
- How Do Investigators Know How Fast a Car Was Going?
- How Are Speeding Tickets Reported to Insurance?
- What Happens If Someone Lies About Who Was Driving?
- How Much Does a Speeding Ticket Affect Your Insurance?
- Can an Accident Still Be Someone Else’s Fault If You Were Speeding?
- How Long Do Accidents Stay on Your Insurance?
- Why It’s Worth Calling a Car Accident Lawyer
For a free legal consultation call (212) 977-2020
Does Speeding Put You at Fault in a Car Accident?
In most cases, yes. Speeding is a form of negligence. When a driver exceeds the speed limit or drives too fast for conditions, they are more likely to be held liable for an accident. Even going just 5–10 mph over the limit can reduce reaction time and increase impact severity. That means more damage—and more fault. That’s why photos should be taken at the scene to document evidence, especially if the accident involved three or more cars.
This can also pertain to crashes involving motorcycles, where small changes in speed can lead to catastrophic injuries. Learn more about how motorcycle accidents differ from car crashes.
Can Insurance Deny a Claim If You Were Speeding?
Yes, especially if speeding was a contributing factor to the crash. Insurance companies can reduce or deny your payout based on comparative negligence laws in New York. Even if you’re not 100% at fault, they may assign a percentage of blame that lowers your compensation.
Click to contact us today
How Do Police Determine Speed in an Accident?
Officers use a combination of tools:
- Skid mark measurements
- Vehicle damage patterns
- Event data recorder (black box)
- Dashcam or surveillance footage
- Witness statements – These sources help your lawyer for the car accident reconstruct the event and estimate how fast vehicles were moving before the crash.
Complete a Free Case Evaluation form now
Does Speeding Increase Accident Risk?
Absolutely. According to the National Highway Traffic Safety Administration (NHTSA), speeding contributed to 29% of all traffic fatalities in 2023, resulting in 11,775 deaths. It decreases your ability to steer safely around curves, increases stopping distance, and reduces the effectiveness of safety equipment.
Speed is a major factor in fatal collisions, including those involving tractor-trailers. Explore why large truck accidents are so common in New York.
How Do Investigators Know How Fast a Car Was Going?
In addition to police tools, accident reconstruction experts may analyze:
- Tire marks and debris patterns
- Black box data
- Scene measurements and physics formulas
- Time-distance analysis from camera footage – This data helps pinpoint vehicle speed and contributes to legal fault determination.
How Are Speeding Tickets Reported to Insurance?
When you get a ticket, it’s typically processed through your state DMV and shows up on your motor vehicle report (MVR). Insurance companies routinely check your MVR when policies renew, which is how they find out about tickets, even if no accident occurred.
What Happens If Someone Lies About Who Was Driving?
If a driver falsely claims someone else was behind the wheel, it can constitute insurance fraud. Investigators may cross-reference:
- Surveillance footage
- Cell phone GPS
- Witness reports
- Vehicle ownership records – A car accident lawyer can help uncover the truth and protect your claim from being undermined by false statements.
How Much Does a Speeding Ticket Affect Your Insurance?
On average, a single speeding ticket can increase your premium by 10–20%. If the ticket is linked to an accident, that increase can climb much higher or lead to nonrenewal. Multiple infractions within a short period can mark you as a high-risk driver.
Can an Accident Still Be Someone Else’s Fault If You Were Speeding?
Yes. Under New York’s comparative negligence system, even if you were speeding, the other driver can still be more at fault, like if they ran a red light or made an illegal turn. Your compensation is reduced by your percentage of fault, but you’re not automatically disqualified.
Serious crosswalk injuries are often shared-fault cases and need the help of a car accident injury lawyer. See how victims have recovered 7-figure settlements.
How Long Do Accidents Stay on Your Insurance?
Most insurance companies look at a 3 to 5-year history. That means an accident, especially one where you were found at fault, can affect your premiums for several years. If you were also cited for speeding, it may take even longer to return to your previous rate.
Why It’s Worth Talking to a Car Accident Lawyer
Speeding can muddy the waters in any accident case. The insurance company might try to twist your words or point to your speed as a reason to deny your claim.
That’s why it’s important to talk to a car accident lawyer near you who understands the nuances of these cases. At Chaikin Trial Group, we help clients in New York City, the Bronx, Brooklyn, Queens, and Long Island navigate complex accidents involving speeding, disputed fault, and serious injuries.
If you’ve been injured, don’t leave your future up to the insurance adjuster. Let our team dig into the evidence, fight for your compensation, and protect your rights.
Call us to schedule a free consultation today or fill out our contact form to get started.
Legal Disclaimer: If you believe this information is relevant to your situation, please contact our office directly to schedule a consultation. Mr. Chaikin is licensed to practice law in New York, New Jersey, and Florida. The information herein is not legal advice and does not create an attorney/client relationship with Chaikin Trial Group. This blog is in the form of legal education and is intended to provide general information about the matter within the topic.
Call or text (212) 977-2020 or complete a Free Case Evaluation form