Driving Too Fast for Conditions
Many people assume that if they drive the posted speed limit, they will not be cited. In California, the maximum speed limit on most highways is 65 mph. In some places, it is as high as 70 mph, and if there is a two-lane undivided highway, the speed limit is usually 55 mph, unless otherwise posted. However, there is a basic speed law that says you cannot drive faster than what is safe given the current weather, traffic, and other conditions, even if the posted speed limit is higher. Driving too fast for conditions can result in a serious car accident in Los Angeles or elsewhere in Southern California. The attorneys at Sharifi Firm can help victims of these crashes pursue compensation from those who are responsible for harming them.Bringing a Negligence Lawsuit against a Reckless Driver
Regardless of the speed that may be posted, your speed is supposed to depend on how many other vehicles are on the road, the surface of the road, the weather, and whether there are pedestrians. The higher your speed, the less time you will have to avoid a crash. Sometimes special conditions, such as construction or a school crossing, may necessitate driving more slowly as well.
A driver who drives too fast for conditions may cause an accident. To hold a driver accountable through a civil lawsuit, an accident victim usually needs to establish a negligence claim. The elements of negligence are duty, breach of duty, causation, and damages. These must be proven by a preponderance of the evidence. All drivers owe a duty to use reasonable care while driving. It is generally not reasonable to drive so fast that you cannot stop in time to avoid causing injuries to others.
A jury is likely to find that driving too fast for conditions is a breach of duty. For example, if it is raining heavily for the first time in a while, the road is especially slick. A person who is driving 65 mph on the freeway may be driving too fast to see a line of traffic stopped and spin out of control, hitting multiple stopped cars in his path. Although the driver was going 65 mph, he was going too fast for the heavy rain and breached his duty to use due care.
An accident victim who successfully proves negligence can potentially recover compensatory damages from a defendant. Compensatory damages are designed to make the victim whole and put him or her in the same or a similar position as before the accident. They can be economic damages, such as medical bills, out-of-pocket costs, property damage, and lost income, and they can also be noneconomic damages, such as pain and suffering, mental anguish, and loss of consortium.Consult a Motor Vehicle Collision Attorney in the Los Angeles Area
If you are hurt because one or more people were driving too fast for conditions, you may be able to recover compensation from whoever was responsible. In most cases, insurers do not offer unrepresented plaintiffs the full amount to which they may be entitled. Sharifi Firm represents motor vehicle collision victims in Los Angeles and other Southern California cities, such as San Bernardino, Riverside, Temecula, and Rancho Cucamonga. Contact us at 1-866-422-7222 or use our online form to schedule a free, no-obligation consultation.