Speeding Accident Fault: Why Assumptions Can Cost You Your Case

February 5, 2026
Tom McCutcheon
Car Accidents, Insights
Serving North Alabama

Speeding Accident Fault

When I was a teenager, my father once sat me down and diagramed a word I’ve never forgotten.

Assume.

He broke it into pieces and explained that when I assumed something, I risked making an ass out of both of us. That lesson stuck with me. After more than four decades practicing law, I’ve learned that assuming facts can be just as dangerous as ignoring them altogether.

I see it all the time in accident cases.

People assume they’re right.
They assume the other driver broke the law.
They assume that means they automatically win.

That assumption costs people real money.

A Conversation That Sparked This Column

Recently, I had the chance to speak with one of the most intelligent and successful men I’ve ever met. Our paths crossed through a shared interest in high-end sports cars. He’s thoughtful, analytical, and not someone who usually jumps to conclusions.

He had been involved in a serious wreck.

The other driver admitted he was speeding. He also admitted he did not have a valid driver’s license. My acquaintance suffered injuries and significant property damage. From his perspective, the case seemed obvious.

The other driver broke the law.
The other driver admitted fault.
The other driver had no license.

He assumed he would win.

But the law doesn’t work on assumptions.

What Actually Happened

Here’s what the facts showed.

My acquaintance exited private property and entered traffic. It could have been a driveway, a store parking lot, or a residential entrance. The location didn’t change the legal issue. When a driver enters a public roadway from private property, that driver has a duty to yield.

At the same time, the oncoming vehicle was traveling over the posted speed limit. The driver admitted he was about 15 miles per hour over the speed limit. He also admitted he did not hold a valid license.

Two drivers.
Two violations.
One collision.

So who wins? Was this a speeding accident or a failure to yield to the right-away

The Answer Most People Don’t Expect

With the information available, no one wins.

One driver failed to yield the right of way.
The other driver was speeding.

Both broke traffic laws. Both contributed to the crash. Under Alabama law, that matters more than most people realize.

Many folks assume speeding always equals fault. It doesn’t. Others assume an unlicensed driver automatically loses. That’s also wrong.

The law looks at causation, not character

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Why Speed Alone Isn’t Always Enough

If we had clear evidence that the speeding vehicle was traveling 75 miles per hour in a 40-mile-per-hour zone, the analysis might change. Extreme speed can shift responsibility. But without proof, speed becomes just another allegation.

At a claimed 55 in a 40, with no data or video to contradict it, the case becomes a stalemate.

One driver pulled out.
The other was moving too fast.

That combination often leaves both parties empty-handed.

The Hard Truth About Driver’s Licenses

This surprises many people, even smart ones.

Whether a driver had a valid license is not admissible evidence in most accident cases. Judges exclude it for a reason. A jury would give it too much weight.

A lack of a license does not tell you:

The speed of the vehicle
Who had the right-of-way?
Whether a light was red or green
Whether a driver was attentive or distracted

It doesn’t answer the central question of fault.

Because it doesn’t move the ball, it stays out of the courtroom.

That doesn’t mean driving without a license is acceptable. It isn’t. But civil cases focus on what caused the crash, not whether someone should have been driving that day.

Where This Case Likely Went Wrong

What troubled me most about this situation wasn’t the collision itself. It was what didn’t happen afterward.

The case stalled.
The insurance companies delayed.
Time passed.

Modern vehicles record enormous amounts of data. Speed, braking, throttle position, seatbelt use, and more can be captured in a vehicle’s event data recorder. Most people call it a black box.

That data does not last forever.

Once a vehicle is repaired, sold, or salvaged, that information may be lost forever. Video evidence from nearby businesses, traffic cameras, or homes disappears just as fast.

In this case, my concern is that no one acted quickly enough to preserve it.

Why Timing Matters More Than People Realize

Evidence doesn’t wait for you to feel better.

Insurance companies move slowly by design. Their delay often works in their favor. By the time someone asks the right questions, the answers are no longer available.

That’s not bad luck. That’s reality.

When evidence disappears, assumptions take its place. And assumptions don’t hold up in court.

What I Want You to Take Away From This

There are two lessons here, and both matter.

First, don’t assume the law works the way common sense tells you it should. Fault is not always obvious. Admissions don’t always decide cases. And violations don’t always determine outcomes.

Second, don’t wait to protect your case.

A good personal injury attorney moves immediately. Data downloads happen within days, not months. A video is requested before it’s erased. Witnesses are located before memories fade.

That window closes quickly.

A Final Word

I’ve spent my career helping people who did nothing wrong but found themselves in complicated situations. Many of them assumed the truth would speak for itself.

It doesn’t.

Facts have to be gathered. Evidence has to be preserved. And assumptions have to be set aside.

Buckle up. Drive safely. And when something goes wrong, don’t guess—get answers.

If you need guidance, my office is always available.

(256) 333-5000

— Tom McCutcheon