The Shoulder
The Shoulder
54
brave-swift-487

Is there any way to figure out how fast I was actually going when I hit them?

So I've been going back and forth in my head trying to piece together exactly what happened, and one thing I keep getting stuck on is my actual speed at impact.

I was cruising on a two-lane highway, probably somewhere around 45–50 mph, when a pickup coming the other direction suddenly cut across to turn into a gas station. Like he just went for it — no real hesitation, just gunned it across my lane. I had maybe a second or two of warning before I locked up my brakes as hard as I could.

I remember the sound of my tires screaming and then just... the crash. My front and side curtain airbags both went off. His truck spun pretty good from the hit. Both of us ended up being checked out at the ER.

The police report just lists it as a "speed unknown at time of collision" which is honestly frustrating. My dashcam footage exists but the angle makes it hard to tell anything useful.

I guess my questions are:

  • Is there a way to estimate impact speed from the damage photos or the airbag deployment?
  • Would an accident reconstructionist be able to figure this out?
  • Does my actual speed at impact even matter for the insurance claim, since I clearly had right of way?

I've got a lot riding on this because the other driver's insurance is already trying to say I was "going too fast for conditions" even though it was a clear dry afternoon. Just trying to understand what evidence could help my case.

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10 replies

  • 20
    cool-tern-089

    I went through something really similar — other driver turned across my path and their insurance immediately tried to pin part of the blame on my speed. What actually helped me was getting an independent accident reconstruction done. The reconstructionist used skid mark measurements, crush depth on both vehicles, and the airbag deployment data pulled from my car's event data recorder (EDR) to put together a pretty solid picture of what happened. It's not cheap but it was worth every penny for me.

  • 19
    daring-fox-405

    Two things: get the EDR data pulled ASAP (a PI attorney can usually arrange this quickly), and stop second-guessing yourself about the speed. You were on a highway doing normal highway speeds and someone crossed your lane without yielding. Focus your energy on documenting your injuries and damages, not on trying to prove you weren't speeding to an insurer that's already acting in bad faith.

  • 17
    mellow-beaver-081

    A few practical things worth knowing: (1) Your vehicle's event data recorder likely captured throttle position, brake application, and speed for the 5 seconds or so before the crash — that's the most direct evidence of your speed. (2) Skid marks on the road can be measured and used in reconstruction but they fade fast, so if someone hasn't documented them already, check whether the police report includes measurements. (3) If this ends up in any kind of dispute, preserve everything — photos, dashcam footage, medical records, all of it.

    • 11
      spry-wren-824

      Just want to make sure — how are you doing physically? Airbag deployments can cause injuries that don't show up right away. Chest bruising, wrist sprains, even mild concussion symptoms can lag by 24–48 hours. Please keep a daily log of any new symptoms you notice, and follow up with your doctor if anything feels off. That documentation matters for your claim AND for your actual health.

  • 10
    steady-owl-018

    "Too fast for conditions" is such a classic deflection move when the liability is obvious. I used to see adjusters float that argument constantly when they knew their insured was at fault — it's a way to chip away at the payout even when the other driver clearly had the right of way. Don't let it go unchallenged. The EDR in your vehicle almost certainly captured your speed in the seconds before impact. That data is gold and you can subpoena it if needed.

    • 6
      candid-newt-733

      Please don't talk to the other driver's insurance without understanding what they're really doing. Every question they ask about your speed, your reaction time, the road conditions — it's all going in a file to build a case that you share some fault. You're not legally required to cooperate with their adjuster the way you are with your own.

    • 5
      silent-otter-883

      What does your dashcam footage actually show? Even if the angle isn't perfect for speed estimation, it might capture how much time elapsed between when the truck started turning and when you hit the brakes — that reaction gap could actually be useful. Also, did the police officer note any skid marks in the report?

    • 6
      calm-commuter679

      This is exactly what I needed to read today. Thank you.

  • 10
    sharp-stoat-665

    Not legal advice, but: yes, your actual speed can matter even when you had right of way, because most states use comparative fault — meaning if they argue you were speeding, they might try to reduce your recovery by some percentage. That said, the burden is on them to prove it. The EDR data your car logged, combined with skid mark analysis, is typically how speed gets established in litigation. Definitely worth talking to a PI attorney before you give any recorded statements to the other driver's insurer.

    • 10
      honest-traveler270

      Wish I had seen this a month ago — would have saved me a lot of stress.