Our office opens regular office hours during COVID-19 Emergency.

Speeding Accidents and Inclement Weather in San Clemente

When most of us think of speeding and car accidents, we think about drivers who are traveling at a speed well beyond the posted speed limit and often behaving in other aggressive ways. Yet speeding does not have to mean just driving beyond the posted speed limit. When there is inclement weather or there are poor driving conditions, motorists need to behave reasonably and need to recognize that they owe a duty of care to other drivers and passengers on the road. As such, even if a motorist is traveling at a speed below the posted speed limit, that motorist still may be unlawfully speeding—and thus may be responsible for injuries in an accident—if the speed is too fast to be considered safe for the conditions. 

When Traveling Below the Speed Limit May Still be Speeding

According to California Vehicle Code Section 22350, which is the speeding law in the state, “no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”

To be clear, even if a driver is traveling below the speed limit but that speed endangers the safety of others, that driver may still be unlawfully speeding.

Motorists May be Liable for Accidents That Happen in Inclement Weather

When a driver is going too fast for the conditions, that driver is likely behaving in a negligent manner. Accordingly, that driver may be liable for any injuries that result from speeding. Inclement weather or poor driving conditions may include, for example, high winds, fog, and rain.

Do Not Delay in Filing Your Claim

Do not wait too long to file a claim if you were injured in a collision that occurred during inclement weather or poor road conditions. You may be able to seek financial compensation by filing a lawsuit against the at-fault driver who was traveling at speeds too fast for the conditions. For most speeding accident cases like these, the injured party will have two years from the date of the accident to file a lawsuit under California law. Yet the sooner you begin the process of filing a claim, the quicker you may be eligible to receive compensation.

Contact a San Clemente Car Accident Lawyer for Advice

Were you injured in a car accident that occurred during inclement weather or other poor driving conditions? It is important to keep in mind that, although inclement weather or bad road conditions may have played some role in the crash, other drivers need to slow down to account for the conditions. As such, if another driver was traveling at a speed that was too fast to be considered safe or reasonable under the conditions, that driver may have been speeding and may be liable for your injuries. An experienced San Clemente car accident attorney at our firm can discuss your case with you today. Contact the Walton Law Firm for more information.

 

See Related Blog Posts:

Autonomous Cars Will Not Prevent All Crashes in Valley Center

What Steps Should I Take After a Poway Truck Accident?

Contact Information