The Role of Speed and Visibility in Overtaking Car Accidents

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Suppose you’ve been injured in a car accident where the other driver was trying to overtake you. In that case, you may be wondering about the relationship between speed and visibility in your accident. Both have major impacts on proving that another driver was negligent.

In this article, we’ll explain the roles of speed and visibility in overtaking car accidents and how aFort Lauderdale car accident lawyer can help you seek compensation.

What Is the Role of Speed and Visibility in Overtaking Car Accidents?

Speed plays a significant role in many car accidents. At higher speeds, accidents are often more serious.

Speed plays a key role for a few reasons:

Reduces reaction time for changes in road conditions
Increases the amount of safe distance needed to stop a car

When visibility is also limited, such as on rural roads or in bad weather, the risk of accidents is even higher. With increased blind spots, drivers have even less time to prepare for objects on the road or the behavior of other drivers ahead of their vehicle.

Overtaking is done when a driver speeds up to go around another vehicle on the road. While this is a common maneuver, it can also be a hazardous one when visibility is limited. For example, if a driver decides to overtake another vehicle when going around a turn or in foggy conditions, they may not have enough time to react to oncoming traffic.

These risks are amplified on narrow two-lane highways commonly found in suburban areas outside Fort Lauderdale. On roads like State Road 84 or segments of U.S. Route 27, drivers may attempt to pass slower vehicles despite poor visibility or unmarked lanes. These misjudgments can quickly result in devastating head-on collisions.

Nighttime overtaking is especially dangerous, as visibility is already limited and speed distortions make it harder to estimate the distance of oncoming headlights. Additionally, drivers may overestimate their ability to re-enter the lane safely before an oncoming car approaches. This miscalculation is one of the leading causes of fatal overtaking crashes.

Florida law, as outlined inFlorida Statutes § 316.083, stipulates that a driver may not overtake another vehicle unless the left lane is visible and free of oncoming traffic. Violating this statute could be considered negligence per se, meaning the act itself is enough to establish legal liability in many civil cases.

How Do You Prove a Driver Was Negligent?

While the driver overtaking you may be clearly negligent to you, you still need to prove it. Typically, this proof is derived from a careful investigation and the gathering of evidence.

Helpful evidence often includes:

Witness statements
Police reports
Physical evidence, such as a lack of skid marks or clear double lines on the two-lane road where the other driver overtook your vehicle
Surveillance footage, such as from a nearby security camera or traffic camera
Expert testimony, such as from an accident reconstruction specialist

AFort Lauderdale personal injury lawyer can take on the investigation and legal process for you. Accident reconstructionists can use vehicle debris, gouge marks, and crush patterns to determine the location of the collision. If it is shown that the overtaking vehicle entered the wrong lane, its liability increases significantly.

Moreover, black box data from modern vehicles can record speed, brake usage, and steering inputs in the moments leading up to the crash. When paired with digital maps and witness timelines, this data can validate claims of reckless overtaking.

Dashcams have become increasingly common and are often decisive in cases involving sudden lane changes or overtaking maneuvers. Even footage that does not show the actual crash may provide vital context about road conditions, driver behavior, or traffic flow.

What Should You Do After an Overtaking Car Accident?

If you’ve been in such an accident, your health is your top priority. Seek medical attention to ensure that your injuries are correctly diagnosed and treated.

In addition, you should call the police to report the accident. Finally, before leaving the scene, take photos of the accident scene. Ensure that you have pictures of vehicle damage, the surrounding area, any debris or skid marks, and your visible injuries.

You have a limited time to pursue a personal injury lawsuit, typically justtwo years, so it’s helpful to move quickly on your case.

How Speed and Visibility Affect Injury Severity

When a vehicle attempts to overtake at high speed and misjudges visibility, the resulting crash can cause catastrophic injuries. These include spinal cord trauma, internal bleeding, traumatic brain injury, and compound fractures.

In many overtaking collisions, the angle of impact is severe. Side-swipe and head-on collisions at high speed frequently result in multiple vehicles being involved, leading to a more complex injury profile and legal case.

If you suffered long-term impairment due to an overtaking crash, you may qualify for damages related to permanent disability, loss of consortium, and future medical care. Florida’s serious injury threshold underFlorida Statutes § 627.737 permits a lawsuit beyond PIP limits when your injuries are significant and lasting.

Shared Fault and Comparative Negligence

Florida follows a modified comparative negligence rule underFlorida Statutes § 768.81. This means that if you were partially at fault for the overtaking accident, your compensation can be reduced proportionally. However, you must be less than 51 percent responsible to recover any damages.

For example, if the court determines you were 20 percent at fault for failing to use your turn signal before slowing down, and your total damages amount to $100,000, you could still recover $80,000.

Insurance companies often attempt to use comparative fault to reduce payouts. They may argue that your speed was too low, or that you failed to stay right or keep a consistent driving pattern. A skilled attorney can push back on these claims using objective evidence and expert opinion.

Choose a Legal Team That Delivers Proven Results

At the Law Offices of Wolf & Pravato, we understand the devastating impact of overtaking accidents can have. With over two decades of experience, our team has helped injured drivers recover millions of dollars in settlements and verdicts.

Our successful results include:

$3.85 million truck rollover accident settlement
$5.25 million wrongful death commercial vehicle claim
$925,000 negligent security shooting case

Our attorneys understand how to identify negligent overtaking, challenge false claims of shared fault, and ensure no critical evidence is overlooked. We also investigate whether towing companies removed your vehicle before documentation or whether road design flaws contributed to the crash.

We operate on a contingency fee basis, so there is no financial risk to you. You do not pay unless we win your case. Our Fort Lauderdale personal injury team will provide personalized service and aggressive representation every step of the way.

Contact a Fort Lauderdale Car Accident Lawyer

If you’ve been seriously injured in an overtaking car accident, and yourpersonal injury protection (PIP) coverage is not enough to cover your full losses, contact a Fort Lauderdale car accident attorney. We can help you prove negligence, fight for your fair compensation, and represent your case in court if needed.

Atthe Law Offices of Wolf & Pravato, our personal injury attorneys work on a contingency fee basis. This means there are no upfront costs, and you only pay us if we recover compensation.