7 Ways to Prove the Driver Who Hit You Was Speeding at the Time of the Accident
March 27, 2026 | Category: Automobile Accidents | ShareSpeeding is among the leading causes of car accidents in Florida. If you suffered significant or permanent injuries in an accident caused by a driver who was speeding, you are entitled to just compensation under Florida law. To help maximize your chances of recovering the compensation you deserve, you should discuss your legal rights with an experienced Fort Myers car accident attorney with Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.
When you hire a Fort Myers car accident attorney to represent you, one of your attorney’s first priorities will be to gather evidence that the driver was speeding. Seeking proper compensation requires proof that the other driver was at fault, and it is critical to gather this evidence while it is still available.
How Can You Prove the Driver Who Hit You Was Speeding?
So, how can you prove that the driver who hit you was speeding? While there are several possibilities, it will be critical to determine what evidence is available in your specific case. With this in mind, here are seven examples of potential ways to prove that a driver was speeding at the time of a car accident in Florida:
1. Forensic Evidence from the Crash Site
Forensic evidence from the crash site can be key to proving that the other driver was speeding. However, this evidence can disappear quickly, which is one reason (among many others) why it is important to hire an experienced Fort Myers car accident attorney from Spivey Law Firm as soon after your accident as possible.
How can forensic evidence from the crash site be used to prove the speed at which the other driver’s vehicle was traveling? Here are just a few examples:
- The Length of the Other Driver’s Tire Marks – If the other driver slammed on the brakes or the other driver’s vehicle skidded sideways during the crash, this may have left tire marks on the pavement. If so, it may be possible to use the length of the other driver’s tire marks to assess how fast his or her vehicle was traveling at the time of the collision.
- The Location of the Vehicles After the Crash Compared to the Location of Impact – Comparing the location of the collision to where each vehicle ended up after the crash can also help assess the speeds involved. For example, if the original impact site is nowhere near where either vehicle ended up after the crash, this would generally indicate a high-speed collision.
- The Extent of the Damage to Signs, Posts, Vegetation, and Other Items – From damaged traffic signs and electric posts to damaged bushes and trees, the extent of the damage to items located at (or near) the crash site can be indicative of the speeds involved as well. Generally speaking, the more severe the damage—and the further away damage appears from the crash site—the faster the at-fault driver’s vehicle will have been traveling.
Again, these are just examples. Forensic evidence can take many forms and, along with proving that the other driver was speeding, may also be useful in establishing other grounds for liability. Once you hire an attorney with Spivey Law Firm, Personal Injury Attorneys, P.A. to represent you, your attorney will be able to send an experienced forensic investigator to the scene right away.
2. The Driver’s Statements to the Police, Online, or in a Deposition
If the driver who hit you admits to speeding, you can—and should—use his or her admission in support of your claim for just compensation. While there are no guarantees, this is more common than you might think. Some examples of potential ways to use the other driver’s statements in your favor include:
- The Police Report – If the driver admitted to speeding at the accident scene, this may be reflected in the police report.
- The Driver’s Social Media – While some drivers are more careful than others, it is becoming increasingly common to find admissions on TikTok, Facebook, and other social media platforms.
- The Driver’s Sworn Testimony – During your case, your attorney will have the opportunity to take the other driver’s sworn testimony if it makes sense to do so.
If the other driver received a speeding ticket involving “serious bodily injury” and pleaded guilty, you may be able to use the driver’s guilty plea as well. The rules regarding the use of speeding tickets, guilty pleas, and convictions in personal injury cases are complicated, so it will be important for you to rely on an experienced Fort Myers car accident attorney with Spivey Law Firm who can determine what options you have available.
3. Eyewitness Testimony
Eyewitness testimony can be valuable evidence in all types of car accident cases, including those involving speeding. While an eyewitness may not be able to precisely state how fast the other driver’s vehicle was traveling, an eyewitness may be able to confirm that the other driver’s vehicle was traveling much faster than other vehicles in the vicinity.
Eyewitnesses may be able to provide information about traffic conditions, each vehicle’s direction of travel, and other key details. If any eyewitnesses are available to testify in your case, your attorney can seek to obtain their testimony as warranted.
4. The Other Driver’s GPS or Vehicle Telematics Data
Most modern vehicles have GPS systems, and many also collect data (referred to as telematics data) on speed, braking, and other aspects of a vehicle’s operation. If either of these types of data is available, your attorney can seek to obtain the data and then use it to prove that the other driver was speeding at the time of the crash.
As a car accident victim, you have the right to obtain the evidence you need to prove that you are entitled to just compensation. If it makes sense to seek out the other driver’s GPS or telematics data, your attorney can take the necessary legal steps to request the data from the appropriate party. Your attorney can then hire an expert to extract the data, examine the data, and explain how it proves the other driver was speeding when the collision occurred.
5. Traffic, Surveillance, or Dash Camera Footage
If your car accident was captured on video, the footage could be among the clearest evidence available that you are entitled to just compensation. Traffic cameras, surveillance cameras, and dash cameras have all grown increasingly common, and footage from all of these cameras can serve as evidence in personal injury cases under Florida law.
Here, too, your attorney can seek to obtain the footage from the appropriate party, and then your attorney can hire an expert to dissect the footage in detail. By showing how far the other driver’s vehicle traveled over a specified period of time, it will be possible to prove the driver’s speed of travel at the moment of impact.
Footage of the accident can also be used to prove that you were not speeding at the time of the collision. In car accident cases, it is common for the insurance companies to try to blame the victims for their own injuries. If the insurance companies wrongfully try to accuse you of being partially at fault, your attorney can use any available video footage (and any other available evidence) to help prove that these accusations are unwarranted.
6. The Extent of the Damage to Each Vehicle
The extent of the damage to each vehicle can provide insight into the forces involved in the collision and into each vehicle’s speed of travel. This makes it important to examine each vehicle before it is repaired or sent to salvage, which is another reason accident victims should hire an experienced Fort Myers car accident attorney with Spivey Law Firm right away. While photos from the crash site can be helpful for showing the damage to each of the vehicles involved, your attorney will want to send an expert to thoroughly examine both vehicles involved in your collision, if possible.
7. Accident Reconstruction
Accident reconstruction involves using all of the available evidence to piece together the events leading up to a serious collision. Accident reconstructionists use computer modeling techniques that can be incredibly accurate to determine each vehicle’s speed, direction of travel, and other key details about the crash. Once your attorney begins gathering information about your case, they will be able to determine whether it makes sense to engage an accident reconstructionist to assist with proving your legal rights.
Schedule a Free Consultation with a Fort Myers Car Accident Attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. Today
Spivey Law Firm, Personal Injury Attorneys, P.A. is AV Rated Preeminent by Martindale-Hubbell which is the peer review rating for the highest level of professional excellence. Spivey Law Firm was also awarded the Martindale-Hubbell Client Gold Champion Award again for 2026. Attorney Andrew. W. Abel of Spivey Law Firm was recognized as a life member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum of the Top Trial Lawyers in America. Attorney Tricia A. Spivey was recognized as The National Trial Lawyers Top 100 Trial Lawyers in Florida.
Do you need to know more about filing a claim for a car accident involving a speeding driver in Florida? If so, we encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. promptly. To schedule a free consultation with an experienced Fort Myers car accident attorney at Spivey Law Firm as soon as possible, call us at 239-337-7483 or toll-free at 888-477-4839, or tell us how we can reach you online at SpiveyLaw.com now.