Everyone knows the feeling of trying to get somewhere on time when you are running late. Stuck in traffic there is little you can do. Unfortunately, many people who find themselves running late – whether for work, a date, or an appointment – choose to speed.
In fact, according to the National Highway Traffic Safety Administration (NHTSA), for more than two decades speeding has been a factor in about one-third of all motor vehicle fatalities. Sometimes, drivers don’t even realize that they are speeding, acting negligently. Other times, drivers go above the speed limit, acting recklessly concerning their own safety and that of others around them. Speeding can contribute to a host of other issues, such as:
- Increased stopping distance (it takes longer to come to a stop)
- Increased likelihood of crash severity
- Greater likelihood for loss of control of the vehicle
- Lack of time to react
Sadly the decision to drive above the speed limit often results in serious – and sometimes even fatal – injuries.
Bay Area Speeding Accident Attorney
If you have been injured in a speeding accident, it’s extremely important that you take the right steps in order to receive the compensation that you deserve. Don’t wait; contact the Law Offices of David P. Kashani today to start on your claim!
Types of Speeding in California
In the state of California, there are three different types of speeding. Here is what to know about each one.
- Basic Speeding
Under California’s basic speeding law, a driver may not drive 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.” Essentially this means that if the speed limit is 50 mph and you are going 50 mph, while this may be fine on a bright, sunny day, this may still be a violation of basic speed laws if it’s snowing profusely.
- Absolute Speed Limits
Absolute speed limits are what most people think of when they think of speed limits. If the speed limit is 55 mph and you go faster than that, you are in violation of the law. Under California’s absolute speed limits, you may not drive faster than:
- 55 mph on a two-lane, undivided highway (unless a higher speed is posted);
- 65 mph on highways and freeways (that are not posted for 70 mph); and
- 70 mph on freeways with that limit posted.
- Presumed Speed Limits
The third type of speeding is related to presumed speed limits. If an area has a speed limit posted, the driver should defer to the posted speed limit. Otherwise, presumed speed limits, sometimes referred to as “prima facie” speed limits, include:
- 15 mph in alleys, railroad crossings, and highway intersections that lack 100 feet of visibility concerning approaching vehicles; and
- 25 mph in residential and business districts as well as school zones.
If a driver exceeds one of these presumed speed limits, he or she has the chance to prove in court that the speed at which he or she was driving was safe. If the judge finds that you have proved this, you must be found not guilty. Additionally, if you are found to be driving below the presumed speed limit, you are presumed to not be in violation of the state’s basic speeding law.
Tips for Encountering Speeding Drivers
You can reduce the likelihood of speeding accidents or at least the severity of your injuries. If you encounter speeding drivers on the road, follow these tips from the NHTSA:
- Give the speeding driver a lot of space in case they should lose control of the vehicle
- Since many speeding drivers also act aggressively, be sure to cater your driving to them. In other words, if they are tailgating you, try to move out of the way for them.
- If you are driving in the left lane and someone behind you wants to pass you, move to the right lane.
- If you are experiencing harassing behavior from a speeding driver, call the police.
Damages in a Speeding Accident
Unfortunately, no matter how many measures we take, we can’t completely prevent speeding accidents from occurring. If you or a loved one has been injured or killed in a speeding accident due to someone else’s actions, you may be entitled to monetary compensation for your economic and non-economic losses.
Economic losses include:
- Medical expenses
- Cost of rehabilitation
- Property damage
- Loss of income
- Loss of future earning power
- Nursing or household care
Non-economic (intangible) losses include:
- Pain and suffering
- Permanent disability
- Loss of consortium (loss of relationships)
- Loss of enjoyment of life
- Funeral expenses
- Wrongful death (loss of emotional/financial support)
Professional Experience Fighting for Victims of Speeding Accidents
While we know that no amount of money can change the fact that you have been injured in an accident, it’s important that you receive the compensation to which you are entitled. You shouldn’t have to pay for someone else’s mistakes.
At the Law Offices of David P. Kashani, APLC, our legal team will work to help get you or your loved one as much compensation as possible.
Speeding accidents require experience in personal injury law and insurance law, all of which are specialties of our highly qualified team. These suits often require touchy and potentially acrimonious confrontations with your own insurance. Our team can help work through this delicate situation for your benefit.The most important thing when experiencing a speeding accident is to act quickly. Contact the Law Offices of David P. Kashani, APLC right away to schedule a free consultation in which we can discuss your options.