Can I Still Sue for an Accident if I Was Speeding?

 Posted on August 29, 2025 in Car accidents

After a serious car accident, many drivers worry that they will not be able to recover damages if they were speeding at the time of the crash. While speeding can complicate a case, Illinois law does not automatically bar recovery just because you were going over the speed limit. The real issue is whether your actions were the primary cause of the accident. In many cases, even when a driver is partially responsible, they may still be entitled to significant compensation.

If you have been hurt in an accident, talk to a Park Ridge personal injury lawyer. You may be surprised to learn about your options – but you will not know unless you ask. 

What Does Comparative Negligence Mean in Illinois?

As of August 2025, Illinois continues to follow the modified comparative negligence rule under 735 ILCS 5/2-1116. This law allows an injured person to recover damages if they were not more than 50 percent responsible for the accident.

If you were partly at fault, your recovery is reduced in proportion to your share of responsibility. For example, a driver who was speeding may be found 20 percent at fault, while the other driver, who made a bad left-hand turn in front of the speeding driver, is found 80 percent at fault. In that situation, if total damages were valued at $100,000, the speeding driver could still recover $80,000. However, if the driver’s share of fault exceeded 50 percent, they would be barred from recovery.

How Speeding Can Affect Liability

Speeding almost always becomes an argument raised by insurance companies or defense lawyers. They may claim that your excessive speed, rather than the negligence of the other driver, caused the accident. Yet the court or jury must weigh all contributing factors. 

A driver who did not yield, ignored a stop sign, or was texting at the time of the collision may still bear the majority of the blame. Speed is a factor, but it is rarely the sole factor in an Illinois crash case.

Proving Fault in a Speed-Related Accident

Figuring out what really caused a crash is the first step in building a strong claim. Police reports often include details like how fast the cars were going and what the officer saw at the scene. Witnesses can also explain what they saw and help show whether speeding played a role. Sometimes, video from traffic cameras or nearby businesses gives a clear view of the moments before the collision.

In more serious cases, accident reconstruction experts may be used. They will study things like skid marks, vehicle damage, and other physical evidence to figure out speed and fault. Medical records can also help by showing whether the injuries match how the crash happened.

What Damages Can You Recover From a Car Crash?

The harm from a serious crash can be overwhelming. Victims often face very high medical bills from hospital stays, surgery, or rehab. Missing work can lead to lost income for months, and in some cases, the injuries may keep a person from working again.

The pain and suffering caused by long-term injuries is often another major part of damages, especially if someone is left with permanent physical problems. On top of that, property damage adds even more costs. For many injured drivers, these expenses can reach hundreds of thousands of dollars, which is why seeking compensation is often the only way to recover financially.

Contact a Park Ridge, IL Personal Injury Attorney

The bottom line is that speeding does not automatically stop you from filing a lawsuit after an accident. Illinois law still allows injured drivers to recover damages as long as they were not mostly at fault. Each case is different, and the outcome depends on the specific facts and the evidence that is presented.

A Glenview, Illinois personal injury lawyer at Quinn Law Group, LLC can investigate the crash, build evidence showing the other driver’s responsibility, and fight for the compensation you need. Call 847-232-7180 today to schedule a free consultation.