Clemson University defensive backs Malcolm Green and Fred Davis II are being sued by U.S. a postal worker whose vehicle Davis collided with last year.
The suit was filed recently in Pickens County Common Pleas Court, a civil court.
The lawsuit alleges that in July 2021, Greene and Davis were racing their cars and driving recklessly when Davis’s vehicle hit a mail truck that Karen Alvarez was driving.
The Clemson Police Department arrested Davis and charged him with reckless driving after the accident. In South Carolina, a misdemeanor charge is punishable by a maximum of 30 days in jail, a fine of $200, and six points against your driver’s license.
In the complaint filed by Alvarez, she stated that information from Davis’s airbag control module showed he was traveling at 115 mph in a 55mph zone when he first hit the brakes 2.8 seconds before hitting the mail truck.
Alvarez’s vehicle turned on its right side, slid over the median and across the northbound roadway lanes, according to the suit.
The suit states that both Greene and Davis were seen on the road driving closely, moving at high speed, and switching lanes as if they were racing.
Alvarez’s suit alleges she sustained injuries including fractures of her “skull, spine, pelvis, rib and clavicle, from which she continues to suffer, and upon information and belief, will continue to suffer in the future.”
The suit asks for an unspecified amount for damages. Davis and Greene have 30 days to respond to the complaint.
Injury Accidents from Excessive Speeding
Most drivers on the road do not drive at excessive speed because, at high speeds, the chance of an accident will result in severe injury or death increases. Although most drivers do not excessively speed, individuals take part in reckless driving that puts themselves and others at greater risk of injury. According to the National Highway Traffic Safety Administration (NHTSA), 33 percent of fatal crashes result from speeding. Speeding also lands in the number three spot for leading contributing factors for traffic accidents.
How to Prove the Other Driver was Speeding
If you are involved in an accident and were seriously injured because another driver was excessively speeding, hiring an attorney can help you gather the information needed to prove negligence. It is common for the driver that was speeding and caused the accident to deny they were speeding to try and avoid blame and liability for the accident.
An insurance adjuster may also try to fault you or your family member for failing to evade the crash when you were unable due to the other driver’s high rate of speed.
The case above is an example of using information that the police may not utilize to prove that the other driver was speeding and caused the accident.
There are several ways to establish that an at-fault driver was speeding immediately before an accident.
Data from Onboard Electronic Devices
Most modern cars have computers that record various aspects of a vehicle’s operations. This data can help prove that the other driver was speeding during the collision. After a severe accident, an attorney can request that the other driver, their insurance company, or a lawyer preserve the data recorded by the vehicle at the time of the accident. The recorded data contains:
- Speed before and after and at the time of impact
- Whether the driver hit their brakes and when they hit them
- Accelerator and brake pedal use
- Steering and even seat belt usage
Onboard Video from Dash Cameras
Some drivers self-install small dashboard cameras that will record the events before, during, and after an accident in real-time. A significant percentage of commercial and trucking companies are using dash cameras in their vehicles, so your attorney may send a request to the at-fault driver and their insurance company to preserve any video recordings.
Call Our Firm if You Were Injured in a Car Accident
Remember that you should not talk to the other driver’s insurance company after an accident where you were seriously injured. They will attempt to contact you and may downplay your injuries and minimize your case because it is not their job to give you a fair settlement—it is their job to pay you as little as possible or nothing at all.
The experienced accident attorneys at Charles Boyk Law Offices will use their resources and knowledge to obtain the necessary information to recreate what happened and prove that the driver who hit you was speeding. When a speeding driver causes a car accident, they may be liable to the victim(s) for all medical and financial harm the driver or passengers suffered because of that driver’s decisions. Contact our Michigan and Ohio auto accident attorneys today for a free consultation.