Filing a FL Personal Injury Claim After Being Hit by a Speeding Driver

 Posted on July 21, 2026 in Vehicle Accidents

If a speeding driver hit you in Florida, you can file a personal injury claim. This can help you recover compensation for your losses. The driver's speed itself can serve as strong evidence of fault.

Getting hit by a driver going well over the speed limit is terrifying. The aftermath often brings serious injuries, growing bills, and a lot of uncertainty about what happens next. At The Doan Law Firm, our Winter Springs, FL personal injury lawyers can walk you through the 2026 claims process. They can also help you understand exactly what your case is worth.

Does Speeding Automatically Prove the Other Driver Was at Fault?

Florida follows a comparative negligence system under Florida Statutes Section 768.81. This means fault can be divided between multiple parties based on each person's role in causing the crash. A driver traveling well above the speed limit is generally seen as acting unreasonably. This can strongly support your claim that they were mostly, or entirely, responsible for the collision. However, the other driver's insurance company will likely still look for ways to shift some blame onto you. This is why building a strong, well-documented case matters from the very beginning.

What Evidence Helps Prove the Other Driver Was Speeding for an Accident Claim?

Several types of evidence can help show that the other driver was going too fast at the time of the crash. Useful evidence often includes:

• The police report, which may include the officer's assessment of speed based on skid marks or vehicle damage
• Traffic camera or dashcam footage from the intersection or roadway
• Witness statements from people who saw the crash happen
• Data from the vehicle's event data recorder, sometimes called a "black box"
• Photos of the accident scene, including debris fields and vehicle damage

Speed-related evidence can sometimes disappear quickly. Because of this, it helps to start gathering this information as soon as possible after the crash.

Can Reckless Driving Charges Affect Your Personal Injury Case?

Under Florida Statutes Section 316.192, reckless driving means operating a vehicle with willful or wanton disregard for the safety of people or property. Excessive speeding can support this type of charge. Say the driver who hit you faces a reckless driving citation or charge. That finding can strengthen your civil case. It reflects an official decision that the driver's conduct went beyond ordinary carelessness.

Even without a formal charge, other evidence can help your claim too. A pattern of reckless behavior, like excessive speed combined with weaving through traffic, can support your case in the same way.

Does Florida's No-Fault Insurance System Affect Your Claim?

Florida requires drivers to carry personal injury protection, known as PIP. This covers a portion of your medical expenses and lost income no matter who caused the accident. However, PIP coverage is limited. It often doesn't come close to covering serious injuries.

Say you've suffered a significant or permanent injury. In that case, Florida law lets you step outside the no-fault system. You can file a claim directly against the at-fault driver for damages that go beyond what PIP covers, including pain and suffering.

How Long Do You Have to File a Personal Injury Claim in Florida?

Under Florida Statutes Section 95.11, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. Missing it typically means losing your right to pursue compensation through the court system entirely. This is true no matter how strong your case might be.

Gathering evidence and negotiating with insurance companies takes time. Because of this, it's important to talk to a lawyer well before this deadline approaches. Don't wait until the last minute to take action.

What Damages Can You Recover After Being Hit by a Speeding Driver?

Florida law allows injured victims to pursue several types of compensation. This depends on the severity of the crash and your injuries. These often include current and future medical expenses, lost wages, and reduced earning capacity. They can also include property damage to your vehicle and pain and suffering related to your physical and emotional recovery.

The impact of a high-speed collision often extends well beyond the first hospital visit. Because of this, figuring out the full value of your claim usually means looking at how the injury affects your daily life and future plans, not just your immediate medical bills.

Schedule a Free Consultation With Our Orlando, FL Car Accident Attorneys

Being hit by a speeding driver can turn your life upside down in an instant. You shouldn't have to face insurance companies alone while you're trying to recover. At The Doan Law Firm, we have recovered billions for clients.

Contact us at 407-289-0000 to talk to our Winter Springs, FL personal injury lawyer today. We are available to take calls 24/7/365, and every case is handled on a contingency fee basis. This means you pay nothing upfront and no fees unless we win your case.

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