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All motor vehicle drivers in Colorado have a legal responsibility to operate their vehicles in a manner that is safe and prudent. Speeding is a common traffic violation that represents a dangerous and irresponsible breach of a driver’s duty of care. If a speeding driver causes your motor vehicle accident in Denver, you may be eligible for financial compensation from his or her car insurance company.
Driving at a speed that is dangerous for the conditions can lead to a loss of motor vehicle control. Increased speeds can lead to a driver veering off the road, for example – especially when driving around curves or downhill. If a driver encounters a hazard, such as a braking vehicle or pedestrian crossing the road, he or she may not be able to stop a speeding car in time to prevent a collision.
Driving at a safe speed reduces the risk of car accidents. It can also decrease the severity of collisions that do occur. Higher vehicle speeds lead to greater forces exerted upon the vehicles involved. The injuries suffered in the accident can be more severe and the vehicles may sustain greater damage. Car accidents involving speeding as a factor come with a higher risk of catastrophic injuries and fatalities.
Speeding is against the law under Colorado Revised Statute § 42-4-1101. This law states: “No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.” This statute lists certain speeds that are deemed lawful in specific locations unless special hazards require a lower speed. Hazards include winding mountain highways and blind curves.
It is against the law in Colorado to drive in excess of a posted speed limit or faster than is reasonably prudent based on traffic, road and weather conditions. Speeding is classified as a traffic infraction if the driver is exceeding the speed limit by 1 to 24 miles per hour (mph). It is enhanced to a misdemeanor offense at higher speeds. The penalties for speeding in Colorado can include a fine of up to $1,000 and/or a jail sentence.
In Colorado, injured car accident victims are able to file claims with the insurance companies of the at-fault drivers or parties. This is how the insurance system works under Colorado’s fault-based law. If speeding causes a car accident in Denver, the driver who was traveling at an unsafe speed could be held liable, or financially responsible, for crash victims’ losses.
All drivers in Colorado must carry minimum amounts of liability insurance to pay for automobile accidents they cause. This insurance can be accessed by a crash victim if the policyholder’s fault is established using clear and convincing evidence.
Although evidence can vary from case to case, proof of speeding may include:
An experienced car accident attorney in Denver can investigate your crash to identify the at-fault party and collect evidence of speeding. Your lawyer can negotiate for maximum financial compensation from another driver’s auto insurance company while you concentrate on healing from your injuries. To learn more about how an attorney can help you, contact The Fang Law Firm to schedule a free case consultation.