Driving Too Fast for Conditions Is Illegal in San Jose

 Posted on December 23, 2024 in Car Accidents

California streets, highways, and interstates have posted speed limits that are precisely calculated to promote safety. Many times, drivers think as long as their speed does not exceed the posted limit, they are not speeding or breaking the law. However, driving too fast in certain conditions is often as dangerous as traveling over speed limits, and it is also illegal.

If you are injured in a car accident caused by someone who was driving too fast for the conditions, you may be eligible for compensation. These cases are complex, but a dedicated San Jose personal injury attorney can overcome these challenges and help you achieve the best possible resolution for your claim.

What Does California’s Basic Speed Law Say About Driving Too Fast?

Although speed limits are set for ideal conditions, specific conditions can make those speeds dangerous. California law requires drivers to proceed at prudent and reasonable speeds when conditions are less than ideal, such as:

• Reduced visibility

• Inclement weather

• Heavy traffic

• Unsafe road surfaces

• Debris or standing water on the road

• Narrow lanes

For example, driving through residential areas at the posted speed limit may not be wise if children are playing on the roadside. Traveling at full speed during heavy rain or fog presents a clear risk of causing a collision.

Why Do People Drive Too Fast Even in Poor Conditions?

Many drivers are overly confident in their abilities to drive safely, ignoring the need for caution when conditions are less than ideal. Some reasons include:

• Driving while high or drunk

• Driver fatigue

• Distracted driving

• Carelessness

Whatever the reason, these drivers often cause preventable accidents that injure or kill.

Does a Speeding Driver Have to Be Charged for Me to Get Compensation?

Traffic violations are criminal matters, and your personal injury claim for compensation is a separate civil matter. Although a criminal charge against the at-fault driver could serve as evidence in your claim, no charge has to be made for you to collect compensation.

How Can a Lawyer Help if I am Injured in an Accident?

The goals of filing a personal injury claim are to hold the at-fault party accountable for the harm they caused and to make the victim "whole." Your auto collision likely caused multiple injuries and various expenses. It may have also taken a significant toll on your quality of life. The money you could receive to reimburse your accident-related financial costs and compensate for intangible losses aims to make you whole. However, getting that money is usually challenging. Your lawyer can help by:

• Collecting evidence

• Making sure you are not blamed unfairly for contributing to your crash

• Totaling your eligible damages

• Pursuing the maximum available amount through settlement negotiations or by taking your case to trial

You need to focus your time and energy on healing. Trusting us to handle your case gives you that opportunity.

Consult an Experienced San Jose, CA Car Accident Attorney

At Law Office of John J. Garvey, III, we have over 45 years of experience handling personal injury cases. We understand the financial challenges you may be experiencing after your car accident, so we will not charge upfront fees. If we fail to recover monetary compensation on your behalf, we will not charge legal fees. Call us at 408-293-7777 or contact us online to schedule your free case review with our skilled Santa Clara County, CA personal injury lawyer.