A great number of car accidents in California are related to speeding. Speeding is risky and leaves victims involved with severe injuries. In addition, vehicles involved may be damaged beyond repair. Such acts emanate from negligence unless proved otherwise. If you have been hit by a speeding vehicle, learn what you need to do to get damages for your injuries or any property damage.
California Speed Limits
According to California basis speed law, every driver has to drive their car at a reasonable speed. The law goes further to state that a reasonable speed depends on the situation or the facts of a case. There are two types of speed limits:
- Absolute speed limits: These rules prohibit drivers from driving more than 70 miles per hour on any freeway marked for the speed. If driver drivers more than 70 miles per hour, they are deemed to have violated the law.
- “Prima facie” speed limits: These speed limits are somehow complex. The driver can speed the car as longs it’s safe to do so. For instance, if the speed limit is 30 miles per hour, and a driver was driving at 20, they may not be violating the law if the weather was foggy.
The above shows that car speeding cases may be complicated to deal with. However, if injured by a speeding driver and believes your car accident was caused by negligence, you can choose to work with an experienced car accident lawyer.
Speeding And Negligence
When it comes to determining liability when speeding is involved, the issue of negligence applies. The main concern would be to determine what a reasonable driver given the same situation would act to determine liability. If a driver fails to act prudently by speeding their car and it causes an accident, then the driver becomes liable for damages.
However, it does mean that every time a driver speeds is negligence. Whether you hold such a driver responsible for your injuries depends upon factors surrounding your case. That’s why victims who suffer from accidents in Bakersfield Ca find it better to seek legal representation. For instance, if a driver was speeding over the speed limit and the driving conditions were safe; this may not amount to negligence.
However, where the driver drove on highways beyond the speed limit, and the speed was not reasonable due to the weather condition or visibility, this would amount to negligence.
The bottom line is that if involved in a speeding case, it would be prudent first to seek legal help to determine whether your situation would amount to damage recovery.
What Determines Whether The Speed Is Reasonable?
Fortunately, the court in California stipulates what is to be deemed reasonable when it comes to speeding. Some of the examples include:
- The driver was near a railroad crossing and driving.
- The road had animals.
- The weather was foggy, slippery, etc.
- There were pedestrians on the road.
- Other vehicles on the road and their speed limit.
Understanding the legal theory behind your car accident claim and settlement would help you determine whether the other driver was negligent as the basis of your claim has to be negligence. A lawyer can help you prove how the other driver was negligent for your compensation. This is especially when you are in dispute about whether the driver’s speed was safe and reasonable. As a plaintiff, you will need to prove that:
- The driver was supposed to be reasonably careful: The driver has to drive reasonably and safely depending on the situation.
- The defendant was not careful: You can prove that the driver exceeded the speed limit, and any other reasonable driver given the same situation would have acted otherwise. If the defendant’s behavior falls below the expected conduct of a reasonable person, this amounts to liability.
- You suffered injuries: The severity of any crash increases if the driver was speeding. Victims involved can suffer from traumatic brain injuries, back injuries, among other severe injuries.
- You suffered losses: If you suffered severe injuries, you might not attend to any duties. You may also suffer from depression as you think of the financial responsibilities awaiting you.
When a car is speeding, the driver is more likely to lose control. As a result, the ability to stop the vehicle after any danger is also minimized.
Whichever the case that led to your accident, you need an experienced lawyer to help you seek the compensation you deserve. Your lawyer will base your claim on the issue of driving at a reasonable speed. Under no circumstance should you choose to work out your case without legal help? The reason is that; the defendant can use legal defenses to lower their liability.
But, with legal representation, you can get crucial evidence to help you get a favorable outcome. If you have any concerns about your speeding-related car accident, your lawyer will help you learn more through your free case review.