The Basic Speed Law in California (Vehicle Code 22350) requires drivers to travel at a speed that is reasonable and prudent based on the current driving conditions. Driving too fast for conditions can establish negligence in a rear-end or speeding crash, as a violation helps prove the other driver breached their duty of care, strengthening your injury claim
This means you must drive at a speed that takes into account weather, road, and traffic conditions, as well as visibility, to ensure the safety of others. Even if you are driving below the posted speed limit, your speed may still be considered unsafe if it is not appropriate for the surrounding conditions.
A Sweet James California car accident lawyer can help you understand California Vehicle Code 22350 and what it might mean for your personal injury claim. We’ll review your case and establish whether another driver violated the Basic Speed Law and whether that violation may have contributed to your accident.
What Is California Vehicle Code 22350?
California Vehicle Code 22350 is also known as the Basic Speed Law. It states that no person can drive a motor vehicle on a highway at a speed that is faster than what is considered reasonable or safe for the current conditions of the road, weather, or visibility.
For example, Interstate 5 often fluctuates between a speed limit of 65 mph and 70 mph, depending on the section you’re driving on. But if the roads are slippery due to a sudden downpour, driving at the posted speed limit could potentially put you in violation of Vehicle Code 22350.
Under the Basic Speed Law, you would be expected to slow down to a speed that allows you to maintain control of your vehicle and protect the safety of others on the road. A car accident lawyer can help determine whether a violation of California’s Basic Speed Law directly contributed to the accident that caused your injuries.
When Is Driving the Speed Limit Unsafe?
Under Vehicle Code 22350, even driving the speed limit can be seen as unsafe when certain factors come into play. To remain safe on California highways, the California Driver’s Handbook recommends adjusting your speed based on the following factors:
- Weather conditions: If the road is too wet from rain, visibility is reduced due to fog, or strong winds make it harder to control your car, the speed limit may become an unsafe speed.
- Poor road conditions: Numerous potholes, uneven and cracked surfaces, and debris can affect stopping distances and your level of control.
- Traffic volume: When the highways are busy, it’s much more dangerous to travel at higher speeds, which means drivers must adjust their speed.
Using California’s Basic Speed Law to Establish Fault
When you’re driving along some of California’s busiest highways such as I-405, I-10, and U.S. Route 101, heavy traffic and poor weather conditions can have a major impact on the flow of traffic. But if another driver ends up rear-ending you because they lost control during strong winds or failed to adjust their speed during low visibility, you may have a claim against them.
Sweet James can help you establish fault under California’s Basic Speed Law. Here’s how:
- Investigating the driver’s speed: A car accident lawyer can access and review traffic surveillance footage, dashcam footage, witness statements, black box data, and more to help prove how fast the other driver was traveling and whether they were in violation of Vehicle Code 22350.
- Reviewing road and weather conditions: We’ll look back at the weather report for the day of your accident and assess road and traffic conditions to compare against the speed at which the other driver was moving.
- Pursuing every avenue: Under California’s pure comparative negligence rules, multiple parties may share responsibility for the accident. Sweet James will investigate every avenue for a potential claim.
FAQs About the Basic Speed Law in California
At Sweet James, we often get asked about California’s Basic Speed Law. Here are some of the answers to your most frequently asked questions:
Is There a Set Speed Limit Under the Basic Speed Law?
Under California’s Basic Speed Law, there is no set speed limit you’re required to follow. Instead, the rule requires drivers to travel at a speed that is “reasonable or prudent” for the current conditions, which basically means driving at a speed that is safe.
This may include driving below the posted speed limit during dangerous conditions, such as heavy rain, poor visibility, or congested traffic.
Can You Get a Ticket for Driving the Speed Limit?
Yes, you can get a ticket for driving the speed limit under certain circumstances. This rule is based on your speed in relation to the conditions of the road.
So, if you were driving 65 mph on I-405 in Los Angeles during dense fog, you may be ticketed for violating California’s Basic Speed Law. Even though you were traveling at the maximum posted limit, that speed may be considered unsafe under those weather conditions.
How Does California’s Basic Speed Law Apply to Car Accidents?
If a car accident was caused by someone violating California’s Basic Speed Law, it may help to establish fault. This type of violation demonstrates a level of negligence where the driver failed to adjust their speed based on the conditions on the road, which is a direct breach of their duty of care.
A car accident lawyer from Sweet James can help you determine who is to blame for your car accident and pursue damages through a personal injury claim. We’ll investigate the accident and explain how Vehicle Code 22350 may apply to your case.
Learn More About Vehicle Code 22350 From Sweet James
Poor decisions coupled with unsafe driving speeds can have catastrophic consequences, leaving you with substantial injuries and property damage. When this happens, you deserve local legal representation that knows how to hold the right party responsible under California law.
At Sweet James, our experienced attorneys have a number of awards and recognitions, showcasing our dedication to helping clients and providing legal support. We recently fought and won a case in Los Angeles County where we secured $1.75 million for a client injured in a rear-end collision on the freeway. Past outcomes do not guarantee future results.
If you want to work towards a meaningful result for your case, or you simply want to know more about what California’s Basic Speed Law is and what it might mean for your car accident claim, contact our team today. Initial consultations are free, and we’re available 24/7.
