Speed limits in california

Speed limits in California are designed to minimize the risk of passenger vehicle accidents on the roads. Some limits apply to certain roads, vehicles, or conditions and are subject to significant changes, dependent on factors such as the presence of construction zones, emergency vehicles, and weather conditions. When driving in business districts or areas with heavy traffic, it is important to pay attention to traffic signs indicating specific speeds for safety. In areas with two lanes, maintaining a speed greater than posted limits can lead to dangerous situations and potential traffic violations.

In many instances, speeding laws play a crucial role in car accidents and can influence the amount of fault. If you were involved in a car crash with a reckless driver who ignored speed limit signs, you should consult with a lawyer to pursue a personal injury claim against them.

Here is everything you need to know about speed limit laws in California, the consequences and penalties, defenses, tips on how to remain safe, and more.

California’s Basic Speed Law

In California, the basic speed law is Vehicle Code 22350 which refers to the act of driving your vehicle at safe speeds under normal conditions. Basic speed is variable based on certain conditions. Under this vehicle code, drivers must adjust their basic speed according to the following driving conditions:

• The presence of heavy traffic
• Approaching a train track or railroad crossing
• If visibility is reduced due to weather or other conditions
• Road conditions such as wet or slippery roads
• Proximity to a senior center, school zone, or a business district
• There are pedestrians, bicyclists, or animals on the road

These specific circumstances are not the only factors when speed adjustments are necessary. For example, if you are near a car crash, you should proceed cautiously and adjust your speed. Drivers are also prohibited from following emergency vehicles closer than 300 feet when sirens are activated.

Absolute Speed Limits

In California, drivers are prohibited from operating their vehicles at a speed greater than the absolute pace limit, or the speed of ongoing traffic. A motor vehicle will be labeled as speeding and violating these speed laws if, as stated in Vehicle Code 22356, they:

Drive at a speed greater than 55 miles per hour on two-lane undivided highways unless there are other posted speed limits
Unless otherwise posted, drivers travel at more than 65 miles per hour on freeways/highways. The posted speed limit on some highways can be 70 mph.

Posted pace limits are crucial in construction zones. Under Vehicle Code 22362, drivers can be charged with a violation if they exceed the published speed limit in construction zones, with often elevated fines for such infractions. Traffic signs can indicate various speeds, with the lowest being 25 mph. Cars must slow down within 400 feet of a construction zone.

Prima Facie Limits

The “presumed” speed limit, or prima facie speed limit, is established in Vehicle Code 22352. Unless there are other speed limits posted, drivers must adhere to the prima facie speed limits, which are:

• Fifteen mph at railroad crossings or driving through alleys;
• Fifteen mph, if a vehicle approaches a two lane undivided highway intersection with less than 100 feet of clear visibility for oncoming traffic;
• Twenty Five mph when traveling through a residential or business district or approaching a school zone or senior center.

Minimum Speed Laws

Speed limits do not refer only to the maximum speeds drivers are required to reasonably follow; minimum speed laws must also be respected fto drive safely, as stated in Vehicle Code 22400.

Interestingly, if a driver operates their vehicle at speeds slow enough to impede other drivers, they can also be charged with breaking speed limit laws. Under these laws, you are prohibited from stopping your vehicle on a highway and blocking or slowing the regular flow of traffic.

Speed Limits in California

Speed limits are established by law and are contained in the California Statutes under California Vehicle Code.These laws are enforced by the California Highway Patrol and local law enforcement agencies.

Non-statutory speed limits are established by an engineering and traffic survey conducted by engineers and traffic experts to promote road safety and awareness. However, unlike statutory speed limits set by the California Vehicle Code, engineering and traffic surveys are not legally enforceable. These can carry consequences based on the circumstances of your case and if a car accident occurs. To get a general overview of speed limit laws in California, here is a quick breakdown:

Freeways and Expressways

According to California’s Vehicle Code rulebook, the speed limit on freeways for passenger vehicles is 65 miles per hour but can be 70 or 75 on certain highways.

On the other hand, commercial vehicles have a speed limit of 55 miles per hour on a two-lane undivided highway if they are above 6,000 pounds or have three or more axles.

State Highways

The basic speed limit on state highways are intended to ensure safety, which is usually 55 mph, especially on two-lane undivided highways. However, the speeds can be higher or lower depending on highway conditions and posted speed limits.

Rural Highways

In rural highways, the speed limits are often higher as the lanes are wider, have fewer access points, and less traffic. Generally, the speed limit typically ranges from 55 mph to 65 mph.

City Streets

Some major city streets have a speed limit of 30 or 35 mph. But, generally, the speed limit is 25 mph unless other speed limits are posted.

School Zones Speed Limits

In California, you must reduce your speed to 25 mph once you enter posted school zones.

Understanding Maximum Speed Limit and Posted Speed Limit Laws

There are many dangers of excessive speed, including losing control of the vehicle and striking pedestrians and other vehicles. To drive safely, you should always adhere to the published speed limit and adjust your speed to the road conditions.

Consequences and Penalties for Exceeding Speed Limits

In California, you can suffer various legal repercussions if you operate your vehicle without paying attention to factors such as posted speed limits, weather conditions and the presence of other road users.

Depending on the circumstances of your case, such as the highway on which you were driving, the speed at which you were traveling, the number of lanes on the road, and whether you were driving within a reasonable limit, you may face fines, penalties, and other legal consequences. If you were found to be driving at a speed greater than the posted limit, especially in a reckless manner that led to an accident causing injuries or death, the repercussions can be severe criminally and civilly.

Generally, speeding tickets are between $35 to over $100. If you were driving between 1 and 15 mph over the limit, you would receive the lowest fine. Once you drive between 16 and 25 mph above the limit, the base fine will be $70. The highest base fees occur when you drive more than 26 mph over the limit.

However, the base fees aren’t the only consequences, as they will impact your insurance premiums since speeding tickets can affect the points on your driving record. You can have your license suspended if you engage in excessive speeding or receive more than one speeding ticket.

The harshest penalties occur once you are charged with reckless driving. When you operate your vehicle at very high speeds with wilful and wanton disregard for the safety of others, you can be charged with reckless driving, which can be a criminal misdemeanor or felony offense.

Defenses Against Speeding Tickets and Your Legal Options

There are several ways you can defend yourself against a speeding ticket. Some of the most common defenses include the following:

Challenging the accuracy of the speed detection equipment
Arguing that you were in an emergency
Showcasing that the speed or rate limit was not clearly posted

The best defense depends on the unique circumstances of your case. Some legal options you can consider to keep the ticket off your driving record include attending traffic school or negotiating a plea bargain. You can always fight the ticket in court if you have a strong defense. If you received a traffic citation in a car accident, a criminal attorney may assist you.

How Brown & Gessell Can Help You

If you were involved in a car accident with a speeding driver an experienced car accident lawyer can help you. In California, parties involved in car accidents can be assigned a percentage of fault based on the state’s pure comparative negligence system.

It is a common misconception that receiving a traffic citation alone determines fault in a car accident. However, there are many other aspects to consider. Contact Brown & Gessell to learn more. Benefit from a free consultation today and let a dedicated car accident lawyer at Brown & Gessell help you.