Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Are Speed Limits Just a Suggestion in CA?

June 14, 2016 by Michael Waks

speed limits in ca

The Basic Speed Law in California states drivers may not drive faster than is “reasonable and prudent and in no event at a speed which endangers the safety of persons or property.”  So how do you know what is “reasonable and prudent?”  As a car accident lawyer, this can be a crucial question in determining who is at-fault for an auto accident.

How CA Speed Limits Are Set

The state’s Vehicle Code establishes “reasonable and prudent” speed limits based on the type of road.  For instance the maximum speed is:

  • 65 MPH on most California freeways;
  • 55 MPH on a two-lane, undivided highway;
  • 15 MPH in alleyways, approaching blind intersections and/or at railroad crossings;
  • 25 MPH in near schools

But these are not definitive, and are changed by each locality.  In addition, weather and traffic can determine what is “reasonable and prudent” on a particular road, at a particular time.  Many Californians do not realize they can be ticketed for speeding, even when driving under the speed limit, if road or weather conditions are bad.

For example, according to the California Department of Motor Vehicles, if a driver is going 45 MPH in a 55 MPH zone when there is dense fog, he or she can be cited for speeding.  

A driver who travels too fast for the existing conditions, or exceeds the limit, is speeding.  He or she is also significantly increasing the chances of causing a car accident.  According to the National Highway Traffic Safety Administration, “speeding is one of the most prevalent factors contributing to traffic crashes.”

How Does Speeding Prove Who Was At-Fault for a Car Accident?

When excessive speed is the cause of a motor vehicle accident, the speeding driver is assumed to be at fault for the crash, and liable for accident victims’ injuries.  According to California Civil Jury Instructions 418, a jury must find a driver at fault for an accident if he or she violated a statute, regulation or ordinance, and that violation was a “substantial factor” in causing harm.

Unless the at-fault driver can prove there was a reason for violating the law, a jury is told to presume the speeding driver is at fault for the accident.  This makes it easier for crash victims to win compensation for their losses.

When no laws have been broken, the person injured in a car accident may need expert witnesses and eyewitnesses to prove who was at fault.  When a driver was speeding, however, it is enough to simply show the speed limit law was violated, and the crash occurred because of it.

If there is a question about whether a driver was speeding, an accident reconstruction specialist can use skid marks and other related evidence from the accident scene to determine how fast the car was going.  The issuance of a citation for speeding could also be evidence that a driver violated a California law.

How a Long Beach Car Accident Lawyer Can Help

Your Injuries are Personal to Me

People injured in a high speed auto accident often incur serious injuries.  The faster cars are traveling when a crash occurs, the greater the force of the collision.  The greater the force, the more a body has to absorb, and the more likely that serious or fatal injuries will occur.  I represent injured accident victims and the family members of accident victims who were killed.  I handle every case personally to make sure you receive the maximum compensation you are entitled to.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation to speak with a Long Beach car accident lawyer to learn how I can help if you’ve suffered a car accident injury.  You will be under no obligation and you will never pay any money unless you recover compensation for your losses.

You can also download my convenient glove box checklist to keep in your car so you will know what to do if you are involved in a collision.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing