When a crash happens, the circumstances surrounding the incident can determine what happens next. If speeding played a role, whether on your part or the other driver’s, it can influence how fault is assigned and how much compensation you may recover.
The link between speeding and negligence
Indiana classifies speeding as a traffic violation, and that can serve as direct evidence of negligence in a personal injury case. This creates a rebuttable presumption of negligence, meaning the court can assume the driver acted negligently, though the driver still has the opportunity to present documents that their conduct was legally excusable under the circumstances.
The effect of speeding on fault percentages
Indiana follows a modified comparative fault system, which allows the court to divide responsibility for a collision among multiple parties. However, if the court finds you more than 50% at fault, you lose the ability to collect any compensation.
When the other driver was traveling above the posted limit, it demonstrates a clear breach of traffic law. This often results in a larger share of responsibility falling on the driver who committed the violation.
That same scrutiny applies to your own driving behavior. If evidence shows you were also above the limit at the time of the collision, the defense can use that detail to shift a portion of fault onto you. A 25% fault assignment on a $100,000 claim, for instance, reduces your recovery to $75,000.
The path forward for your case
Indiana gives you two years to file a personal injury claim, so you have a limited time to act after a crash. The time period usually starts on the day of the accident, and if you miss that deadline, you might not recover any damages.
A claim that involves speeding often relies on documents collected early. Police reports, traffic camera footage, vehicle data recorders and witness statements can help show how fast the driver traveled at the time of impact, but access to this information can become more difficult as time passes.
If the other driver’s conduct went beyond ordinary negligence and reflected a conscious disregard for the safety of others, state law may allow you to pursue punitive damages. This type of recovery requires clear and convincing evidence of willful or wanton misconduct, a higher bar than what applies in a typical personal injury case.