Speed and the road traffic accident
Published: 12:01PM BST 18 Aug 2010
The statistics on the impact speed can have in turning a near-miss into a hit, or a minor collision into a serious accident, are well documented.
Information published by road safety charity BRAKE suggests that a vehicle travelling at 30mph can stop within 75ft; while those going 36mph will still be travelling at more than 22mph at the same 75ft mark.
The implications are obvious, and we've all seen adverts in papers, posters and on television showing the impact of driving over the speed limit.
In Oxford, where a number of speed cameras were recently switched off, the number of motorists speeding has increased significantly; in one area up by 16%, and in another a massive 88% over a two-week period. Currently there's no information about whether this has led to a rise in road traffic accidents.
We've been specialists in dealing with claims arising from road traffic accidents for more than 20 years, and have lots of experience assessing the causes of accidents. The question of speed is often a difficult one to prove and is often far from conclusive.
Driving above the speed limit is in itself a criminal offence, but it doesn't necessarily make a person negligent in the eyes of a civil court judge.
Before a judgment can be made it's necessary to assess the specific circumstances of the case, including where the accident happened, what road and traffic conditions were like, what other hazards or potential hazards were around at the time.
Did the particular speed of the vehicle(s) involved make a material difference to whether or not the accident occurred, or might it have happened anyway, even if everyone involved had been driving within the speed limit?
It's also difficult to prove an allegation of speeding. Sadly, many of us are not particularly good at judging speeds and distances, so unless there's circumstantial evidence such as skid marks or other impact damage to work from, assessing the speed of a vehicle prior to impact is often a question of making educated guesses based on the information provided.
Unsurprisingly, evidence provided by organisations such as BRAKE suggests that the slower the average speed in an area, the fewer accidents will occur.
Whether or not speed reduction could have helped avoid an accident or not, it's also comes as no surprise that where accidents happen at slower speeds, damage caused will be less, which has to be a good thing.
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