If you are involved in an accident with a speeding driver, their driving speed is not an automatic proof of their liability for the crash. However, there are several ways in which you can use the driver's speeding to prove their negligence. For example, you can do this by proving the following.
The Driver Couldn't Stop In Time
You can strengthen your claim by proving that the driver would have stopped in time and avoided the crash if they had been going within the speed limit. In such a case, you will probably need an expert witness to prove that the braking power of the car would have been enough to stop it in time if the driver had been driving within the speed limit.
The Driver Was Breaking the Law
Proving that someone was breaking the law at the time of the accident doesn't automatically make them liable for the ensuing damages. However, you can use it to show the driver's predisposition to negligence and cast doubt on their good character testimony, in case they take that route with their defense. In essence, you are asking the judge or jury to imagine what else the driver could have done if they didn't have any qualms about breaking the speed limit.
The Weather or Road Was Dangerous
Some road conditions, such as the existence of potholes or ice on the road, require drivers to slow down to reduce the risk of an accident. This is why you can be ticketed for driving dangerously if you are driving too fast for an icy road even if you are within the speed limit. Imagine, therefore, how much worse a driver who was driving over the speed limit on a dangerous road or in dangerous weather (say, if the environment is foggy) will appear to the court.
The High Speed Worsened the Injuries and Damages
Another way in which you can use the driver's speed to your advantage is to prove that the high speed is responsible for the severity of your injuries. For example, if the impact was enough to get you thrown out of the car where you broke your hip, you need to prove that you wouldn't have been thrown out of the car if the other driver had obeyed the speed limit guidelines.
As you can see, you shouldn't rest on your laurels and expect a settlement check just because you collided with an speeding driver. Consult a company like Labine Law Firm to help you prove why the driver should pay your damages.