The speed limit sign along the freeway isn’t always the legal speed limit. The limit is also determined by the conditions on the road.
Weather, construction, and rush hour slowdowns can all affect how fast motorists should be going. When drivers go faster than conditions allow them to safely go, they can be cited for speeding and found at fault for accidents.
The California Vehicle Code (CVC) explains why drivers can’t just rely on signs to tell them how fast to go.
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.
The Speed Limit When Conditions Aren’t Perfect
California highways will often have a posted speed limit of 55 or 65 mph, with freeways sometimes allowing up to 70 mph. But the signs alongside the lanes don’t always represent the legal speeds allowed.
In California, the speed limit depends more on conditions on the road.
If you encounter adverse conditions, it’s up to you to slow your speed. You’ll want to be going slow enough to be able to brake to avoid any potential collisions.
These and other conditions can set the legal speed limit:
- Weather conditions including snow, ice, winds, rain (wet pavement)
- Low visibility, including conditions involving fog and smoke
- The condition of the road, including narrow or eroded pavement
- Traffic levels
- Construction factors
- Sharing the road with pedestrians or cyclists
Why You Should Slow Down When Conditions Change
When these factors are in play, drivers should slow down. Obviously, they don’t want to be in accidents. They also don’t want to cause harm to any other drivers or pedestrians.
And when accidents occur, drivers don’t want to risk getting an expensive speeding ticket even when they were under the posted speed limit. With CVC 22350, CHP officers can use their judgment when deciding who was going too fast and who caused an accident.
Drivers coming upon a line of cyclists or driving in a storm should slow down so they can react to any changes and avoid losing control.
Who Is To Blame for an Accident in Snow or Fog?
Some drivers may assume that if they slide on icy roads, Mother Nature will be blamed. They won’t face liability for any collisions.
With CVC 22350, this won’t usually be true. The speed limit based on conditions means that the driver is responsible for slowing down to avoid the potential for a crash. It means in snowy conditions, they should go slow enough to be able to prevent any sliding.
An investigating officer may use the fact that the driver rear-ended a car during cold weather as proof that they didn’t slow down enough.
The same principle would apply to most accidents in something like Tule fog. The driver would be accountable for not slowing down to avoid impacts in low visibility.
SEE: What you should do when you are traveling in bad weather.
Contact a California Car Accident Attorney
If you are injured by a careless driver who wasn’t going a safe speed during rush hour or during a storm, you may need a lawyer’s help to win full recovery support.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims.
If you do need our help to earn more, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
