Finding a driver who hasn’t speeded at least once in their lives is pretty difficult to do. After all, almost everyone is guilty of speeding at some point.
It doesn’t have to be anything crazy like an excessive stretch of highway that you saved an hour driving on by going twenty over, it could be as innocuous as hitting the gas hard on an empty stretch of backroad or as you’re getting a green light.
You may think going a few miles over the posted speed limit isn’t that big of a deal. However, speeding was responsible for 2,400 crashes in 2019. The potential consequences of speeding can be far-reaching, especially if it causes an accident.
How Florida Defines Speeding
When it comes to the state’s legal definition of speeding, Florida’s legislature is a little unclear. You know that going over the posted speed limit qualifies as speeding, but the state has a broader definition. According to state law, speeding is traveling faster than what is reasonable and prudent.
So, does this mean you can receive a speeding ticket for driving at or below the posted limit? The answer can be yes, which means even if the posted speed limit is 50 mph and you’re driving along at 49 mph, a traffic officer can still give you a ticket if they believe you’re traveling faster than what they deem safe. Yes, this is confusing, and speeding tickets aren’t always easy to get dismissed in traffic court.
Speeding in Work Zones
Work zones are a little different under Florida traffic laws, and this is the only exception to the reasonable and prudent definition of speeding. You must drive at or below the posted speed limit in a work zone—there aren’t any exceptions. Even racing to the hospital can still result in a traffic ticket if you speed through a work zone. You should also know that your fines are doubled if you’re caught speeding in a work zone.
Potential Penalties for Speeding
Speeding isn’t a criminal offense, meaning that you’re not facing potential jail time for driving over the speed limit or what a law enforcement officer believes is reasonable and prudent. While not going to jail is a relief, this doesn’t mean pressing down on the gas pedal. Speeding can be an expensive offense.
If you’re going 5 miles and under the speed limit, you’ll most likely only receive a warning. When you’re traveling between 5 and 9 miles over the speed limit, fines are usually around $25. On top of that, here’s some additional information you should know:
- 10 -14 mph can result in a $100 fine
- Fines are around $100 when you’re clocked going 10-14 mph over the posted speed limit
- You should expect a $150 ticket for speeds 18 -19 mph over the posted speed limit
- Going 20 – 29 mph over the posted speed limit can result in a $175 fine
- When you’re traveling 30 mph or greater over the speed limit, expect to receive a $250 fine
You already know fines are doubled in work zones, but this also applies to school and construction areas. Even if you’re only going a couple of miles faster than the posted speed limit, you’ll receive a $50 fine instead of a warning.
Points on Your Driver’s License
Sometimes, receiving points means you’re winning but not when it comes to your driver’s license. A speeding ticket typically results in 3 points on your license. If you receive more than 12 points in one year, your driver’s license is automatically suspended for 30 days.
If you rack up 18 points in 18 months, you’ll lose your driving privileges for 3 months. Receiving 24 points over 36 months means losing your driver’s license for one year. You can also receive 3 points on your license for driving too fast in poor conditions, which occurs when law enforcement believes your rate of speed is unreasonable.
Navigating the Claim Process After a Speeding Accident
If you’re involved in an accident with a speeding driver, you may think filing a claim for damages is simple. After all, you’re not the at-fault driver and this should mean you’re not responsible for covering any damages.
Florida is a no-fault insurance state and this can complicate the claim process. So, what does no-fault insurance mean for your speeding accident claim? Instead of filing a claim with the at-fault driver’s insurance, you contact your provider.
Your insurance is responsible for covering your medical costs which is when your Personal Injury Protection (PIP) policy kicks in. All licensed drivers with vehicles registered in Florida must carry both auto insurance and PIP coverage. Think of PIP as a rider on your auto insurance policy.
Minus your PIP deductible, you should plan on paying something out of your pocket, most insurance carriers will cover up to 80% of your medical expenses. This leaves you responsible for the remaining 20% and it can be expensive. However, PIP also caps payouts at $10,000. Since a visit to the emergency room can easily exceed $10,000, there’s a good chance you’re going to be left with outstanding medical bills.
Oh, and don’t forget about property damage—there’s a good chance you’re going to need to either repair or replace your vehicle. Lost wages are another possibility, and you may experience pain and suffering. These are items not covered by your PIP insurance.
Thankfully, you can recover most or all of your damages not covered by your PIP policy. You can file a claim against the at-fault driver’s auto insurance company but it’s not as easy as submitting some paperwork.
Filing a Claim After a Speeding Accident
Filing a claim with the at-fault driver’s insurance company means proving you’re not responsible for the accident. While the process can be complicated, you can navigate the necessary steps. You’ll need to supply some documentation to support your claim. This will include a copy of the accident report.
The police accident report typically lays out who’s responsible for the accident. Your medical records supporting your injury claim are also necessary. If you’re filing for property damage, you need to supply receipts showing repair or replacement estimates.
From there, you’ll probably start negotiations with the insurance company. If an agreeable settlement can’t be reached, your claim will head to civil court.
Protecting Your Rights After a Speeding Accident
Going over the speed limit might hit you with more than just fines and points on your license—if speeding leads to a crash, then injuries and damage to stuff are usually what follow next.
That’s exactly why having a seasoned accident attorney in your corner is key to the overall success of your case. They’ll make sure your legal rights are covered and help you navigate through any claims or issues you may face.