How to Prove that the Other Driver in Las Vegas Was at Fault for Speeding?

Speeding is a primary cause of traffic accidents. According to the National Safety Council, speeding was a contributing factor in 29% of fatal car accidents, and speeding is a leading contributor to non-fatal accidents as well.

In a congested place like Las Vegas, driving under the speed limit is essential. When someone goes too fast, they can clip pedestrians, cyclists, and motorists—causing serious injuries in doing so.

Ladah Law Firm has helped many accident victims seek compensation when struck by a speeding motorist. Contact a Las Vegas car accident lawyer at our firm today if you have questions. We can bring a compensation claim against a speeding motorist, and we answer the most common questions below.


Do I Have to Establish How Fast the Driver Was Going?

Not really. You don’t need to establish the speed with a precise number. If a cop was nearby and caught the driver using a speed gun, then great. We can introduce that evidence into testimony. But you can still argue that a speeding motorist caused your accident even if you don’t know with precision how fast they were driving. It’s enough that they were driving in an unreasonable manner.

Can Witnesses Testify about Speeding?

Yes. Witnesses can see with their own eyes that someone is traveling much too fast. For example, you might have been hit at an intersection. Witnesses standing on the sidewalk or even motorists in other vehicles can testify that a driver blew through the intersection before smashing into you. Witnesses can also be people in your car, if they saw the vehicle before it hit you.

Ideally, you want to stop after the crash and talk to anyone standing around. People who are driving should stop and help. If you aren’t in too much pain, you should ask for a witness for their name and phone number. That way, you can reach out to them later to talk.

How Do I Find Witnesses if I Was Badly Hurt?

That’s a great question. Many motorists hit by speeding vehicles suffer terrible injuries. Cars generate more force the faster they travel, so you probably suffered painful injuries. Some people are even knocked unconscious and only wake up later in the emergency room.

If you couldn’t talk to witnesses at the scene, you still might find them later. For example, a responding police officer should have spoken to witnesses who hung around. The police report should have their name and other identifying information. Your attorney can find them and talk to them.

Will Dash Cam Footage or Closed-Circuit TV Show Speeding?

It would be ideal if you had the accident on video. This is often dramatic evidence that someone was going too fast. In fact, all you need to do is compare their speed to the speed of other cars in the video. The speed is obvious.

Video is also helpful at showing who hit who. Some motorists try to blame the person they hit for the crash.

Many businesses in Vegas have security cameras for insurance purposes. They often have one or more cameras pointed toward the road, which will capture an accident that happens right outside. We have seen security cameras at casinos, motels, gas stations, and other stores.

What Physical Evidence is Helpful to Prove Speeding?

Physical evidence is often essential when there are no witnesses who might have seen the accident. This evidence probably exists at the crash scene. If you can move around at all, we highly recommend trying to document the following:

  • Skid marks. These marks show a vehicle took sudden defensive action at a high speed. For example, the speeding motorist might have suddenly seen you and hit the brakes while jerking the steering wheel. There should be skid marks on the road. Try to get a picture. Expert witnesses can study the width of the skid mark to determine the speed of the vehicle.
  • Debris field. When cars collide, pieces of each vehicle will usually fly off, creating a debris field. The faster the vehicles, the more debris. At low speeds, there might be no debris or maybe a side mirror gets torn off. At high speeds, bumpers come flying off and glass shatters—and the debris field can spread out quite a distance. Take ample pictures of all the debris to give your legal team some idea of its size.
  • Car damage. The damage each car suffers in the crash can also help establish their speed at impact. An accident reconstruction expert can inspect the vehicles and calculate their speed based upon the severity of the damage. Ideally, you should get pictures of all vehicles involved in the crash, zooming in on the damage. Of course, an expert can also inspect a vehicle in person if it hasn’t already been repaired.

The sooner you reach out to a lawyer, the more likely it is that we can begin collecting this evidence even if you couldn’t. The longer you wait, then the more likely that the other driver will repair his vehicle, or the road debris is swept away.

What if the Driver Admitted to Speeding?

This is also helpful evidence. In most civil cases for personal injury, you can use any statements made by the defendant—in this case, the speeding driver. Some drivers might admit that they were going too fast or that they were late for an event.

At Ladah Law, we might also ask the other driver questions in a deposition. Depositions take place before trial, in a conference room with a court reporter present. Witnesses answer questions under oath and usually have their own attorney in attendance. Of course, the driver might lie and say they weren’t speeding. But any admission is helpful.

Can We Use this Evidence in a Wrongful Death Lawsuit?

Yes. In fact, this evidence becomes more important in wrongful death cases because your loved one isn’t around to tell their side of the story. Our Las Vegas fatal car accident lawyer can begin combing through to find as many witnesses as possible. Also share your loved one’s cell phone with us, because the phone might contain pictures of the crash or debris field.

speeding vehicle


Are Criminal Charges Helpful Evidence?

Yes. The speeding driver might have been arrested for reckless driving. Anyone who drives with a wanton disregard for the safety of other people has committed reckless driving. Drag racing is another example of criminal conduct.

Your car accident lawyer can ask to see any evidence the police have in their custody. We can then use this evidence, including calling a police officer to the witness stand if we go to trial.

What if the Other Driver Wasn’t Speeding?

You can still make a claim if they were not driving reasonably under the circumstances. Speeding is, almost by definition, unreasonable. But even if they were going under the speed limit, their conduct could have been unreasonable.

Can I Sue if I Was Speeding Also?

Possibly. Under Nevada Revised Statutes 41.141, you can sue if you are not more at fault than the other driver. So you can be 50% at fault but no more. We would need to compare the actions you took to the actions of the other driver. Then we compare them to see who was more at fault. The fact that you were speeding does not automatically prevent you from suing.

Call Ladah Law Firm

Our firm offers a free consultation to anyone hurt in a crash. Please call (702) 252-0055 to schedule a time to discuss a speeding-related accident in Las Vegas.