Driving over the speed limit in our part of the country, especially on our interstates and busy urban highways, is commonplace. In fact, some drivers may argue that so many people are exceeding the designated speed limit here that not joining with the flow is dangerous in its own right. And there may be some merit to that argument.
For instance, this month there will be a change in the speed limit for I-465 in Indiana, as a new law becomes effective as of today, July 1, 2025. It increases the legal speed limit for the loop to 65 mph.
Why? The Indiana Department of Transportation studied the situation and confirmed that 96% of all drivers on I-465 were speeding, and this led lawmakers to pass House Enrolled Act 1461, boosting the legal speed limit from its prior 55 mph to accommodate the reality of the traffic on this Hoosier roadway. Read, “New Laws in Indiana: These 11 laws go into effect July 1,” written by Marissa Meador and published in the Indianapolis Star on June 19, 2025.
Nevertheless, for safety agencies, government regulators, and advocates for accident victims and their loved ones, speeding remains a serious concern because it is beyond debate that higher speeds increase the likelihood of preventable accidents where people can be severely injured or killed. Speeding is risky for the driver and for all those sharing the roads with them.
Explains Illinois’ renown safety organization, the National Safety Council (NSC):
Speeding is a major factor in traffic deaths and injuries. The role of speeding in crashes is described in terms of its effect on the driver, the vehicle, and the road. Excessive speeding reduces the amount of time the driver has to react in a dangerous situation to avoid a crash, increases vehicle stopping distance, and reduces the ability of road safety structures (such as guardrails, impact attenuators, crash cushions, median dividers, and concrete barriers) to protect vehicle occupants in a crash.
What is Speeding?
Any motor vehicle operated on any public roadway in Illinois or Indiana is required to conform to established traffic laws that include keeping the rate of movement for that vehicle from exceeding the established maximum rate of speed for that stretch of roadway. These are determined by statute. Speeding, by definition, is driving at a rate of speed over the legal limit.
For instance, Indiana Code §9-21-5-2 (2024) lists the maximum speed limits within the State of Indiana. Under Indiana law, 30 mph is standard for urban districts but drivers can operate their motor vehicles as fast as 70 mph on highways that are “the responsibility of the Indiana finance authority established by IC 5-1.2-3.”
However, driving at the maximum legal speed limit may also be a violation of state traffic laws if the circumstances of the drive warrant additional safety measures. If the driver is going through our notorious winter weather conditions, for example, then they may need to drive slower to deal with the obvious hazards. Failure to do so is considered speeding involving “driving too fast for conditions.”
These conditions are things that can kill lots of people in a tragic crash involving all kinds of vehicles, from semi-trucks to motorcycles. According to research from the NSC, speeding is a contributing cause to fatal crashes where any number of hazards complicate driving, including things like:
- standing water or moving water on the roadway (45% contribution);
- roads with ice or frost (41% contribution);
- road surfaces covered with mud, dirt, or gravel (36% contribution);
- snowy or slushy roads (34% contribution); and
- wet roads (22% contribution).
Speeding: Unsafe Speed or Reckless Driving?
There are times when the driver is operating their motor vehicle at such a high rate of speed that their actions will be considered as more than a decision to drive at an unsafe speed. They will have escalated the situation into one of “reckless driving.”
Driving at excessive speeds invites motor vehicle accidents where people die or suffer life-altering, catastrophic injuries.
Why? High speed car accidents involve an intense force of impact where the likelihood of bodily harm for all involved skyrockets. There may be other complications, too: for instance, airbags may not operate as intended in a high-speed crash. See, Koh, Sung-Woo, and Jingwen Hu. “Physical evidence of airbag performance in a high-speed frontal crash.” International Journal of Automotive Technology 22 (2021): 1109-1118.
Illinois law defines “reckless driving” as a driver who “drives any vehicle with a willful or wanton disregard for the safety of persons or property,” which a crime. It is considered a Class A Misdemeanor with punishment up to 364 days in county jail. This is where no accident is involved.
Aggressive speeding or reckless driving, once established by admissible and authenticated evidence, may also establish that driver to have civil liability in the event of a crash. Other criminal charges based on high speed may be involved in the event of a severe or fatal crash, too (think vehicular manslaughter, etc.).
For more on speeding, read:
- Bottlenecks, Speeding, and Record-Breaking Fatalities: Deadly Highway Accidents in Indiana and Illinois
- Speeding Causes Almost Half of All Fatal Car Crashes in Illinois (Around 25% in Indiana)
- Speeding and Serious or Fatal Semi-Truck Crashes in Illinois or Indiana.
Speeding Crash Injury Claims in Indiana or Illinois
Anyone involved in a serious motor vehicle accident or semi-truck crash in our part of the country where speeding may be a contributing factor has the right to investigate the incident independently of any insurance adjusters, law enforcement officers, or government regulators, to confirm their legal rights and remedies.
Working with legal advocates and accident reconstruction experts, these victims may be able to determine all of the factors that worked together to create the perfect storm that resulted in the crash. For more, read: Accident Reconstruction Experts and Injury Claims; and EDRs and Black Box Recordings in Car Crashes: Technological Data as Evidence of Fault in Personal Injury Claims
More than one company or person may be liable for injury damages under the law because of a breach in a legal duty of care or safety that contributed to the crash.
Consider the following:
- A speeding driver may be found to have been pressured to exceed the speed limit by their employer or a shipper, etc., in order to meet a delivery deadline.
- A driver may be driving under the influence where others may be culpable for allowing that person behind the wheel (negligent hiring; negligence supervision; etc.).
- Road work construction contractors may have failed to alert traffic coming into the construction area of the need to reduce speed.
- Parts of one or more of the vehicles involved may have contributed to the incident, such as brake failure or tire failure.
Also read:
- Negligent Supervision by the Trucking Company and Semi-Truck Crash
- Drug Use Behind the Wheel: 25% Driving Under Influence of Pot or Other Drugs
- Inadequate Truck Driver Training and Fatal Truck Crashes in Indiana or Illinois
- Reckless Driving in Chicago Road Work Accidents
- Brakes and Fatal Auto Accidents: Duty of Care for Brake Upkeep and Maintenance.
Speeding is dangerous, and even going at the stated speed limit may sometimes be violating a duty of care or safety when risks are present like winter storms or construction zones. Some of the most horrendous crashes can be attributed to a driver making the mistake of driving too fast. Please be careful out there!
