Kelly Holleran from the Madison Record reports that a mother is suing, on behalf of her minor daughter, the driver of the car her daughter was in for driving above the speed limit and for failing to exercise due care. She is also suing for herself as well.
The mother claims that the driver of the car was speeding upwards of 60-70 miles per hour. This, she claims, caused the driver to lose control of the car and they went off the roadway and the car flipped at least three times before ejecting her daughter and coming to a stop. Both mother and daughter received injuries from the auto accident that included severe and permanently disfiguring injuries that precluded them from normal work plus mental and physical anguish. The mother is claiming over $100,000 plus costs in damages.
Be aware that driving over the speed limit does not help one’s case in matters like these. The speed limit may be up for negotiation but due care is definitely a case for the mother and daughter. The driver’s duty is to the other cars on the road and to his/her passengers to drive in a manner that is careful to all of them. Did the driver do all that she could to prevent the accident? Did she slow down?
Drivers should be aware that although they may be going the speed limit they may still be liable for an accident. Would slowing down have prevented an accident? Would changing lanes have helped? All these types of things are taken into account. Driver beware.