All drivers have a duty to operate their vehicles in a manner that is reasonable under the circumstances. What is reasonable? Driving reasonably means following posted speed limits, using turn signals, and yielding to oncoming traffic. Driving reasonably also means traveling at a speed that is safe for the present conditions on the roadway. When a driver is traveling at a rate of speed that is excessive given the circumstances, the driver may be ticketed for driving too fast for conditions.
Traveling at the speed limit does not mean that a driver cannot be found to be driving too fast for conditions. For example, if the posted speed on a highway is 55 miles per hour, but it is sleeting, traveling at the speed limit would certainly be considered too fast for conditions. Similarly, traveling at a high rate of speed in rain, fog, and other inclement weather may be considered driving too fast for conditions. In addition to adverse weather, speeding through construction zones or in heavy traffic may also lead to a citation for driving too fast for conditions.
Speeding is a leading contributor of automobile accidents. Thousands of drivers lose their lives every year in speed-related crashes. In many of these accidents, the at-fault drivers were speeding in bad weather or in other hazardous conditions.
If a driver causes an accident, many courts consider this fact as evidence that the driver was traveling too fast. If a driver loses control in the rain and slams into another vehicle, most courts will deduce that, had the driver been traveling at a more reasonable rate of speed, the accident would not have occurred because he would not have lost control.
Evidence Used to Argue a Driver was Driving too Fast for Conditions
If an individual is injured in an accident and wants to argue that the at-fault driver was traveling too fast for conditions, several types of evidence may be used to support such a claim, such as:
- Eyewitness reports
- Vehicle damage
- The condition of the scene of the accident, such as the presence of skid marks on the road
- Accident reconstruction
- Security camera and traffic camera footage
- Weather reports
Some or all of these items may be used to support a claim that a driver was traveling too fast for conditions. If you were involved in an accident, gather as much information as possible to provide to your attorney so that your attorney may begin building your case. Even talking to witnesses and taking photos at the scene of the accident may make a tremendous difference in the outcome of your case.
Consult a Skilled Personal Injury Attorney to Discuss your Claim
If you were injured by a speeding driver, contact the experienced attorneys at Stein & Shulman. With over four decades of combined legal experience, our attorneys have the skills necessary to obtain the compensation you deserve. For your free car accident injury consultation, call us today at (312) 422-0506.