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Speed Limits

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Speed Law

In the state of California we have a basic speed law which requires drivers to never drive faster than what the law deems safe for conditions. We see the speed limit signs on streets, freeways and highways but we also have to consider the current conditions of the day and construction on the road. For example you could be driving 45 mph in a 55 mph zone however that would be unsafe and deemed too fast if there were contributing conditions like dense fog. One thing to remember is that no matter what the posted speed limit is your driving should also depend on:

  • The number of vehicles on the road.

  • The condition of the road (construction zone, smooth surface, rough, graveled, wet, dry, wide or narrow).

  • Pedestrians, bicyclists, animals.

  • Weather (raining, foggy, snowing, windy, or dusty).

  • Vehicle design - don’t drive a minivan like a race car!

Read the signs and consider all circumstance. Why is this important? There might be other indications on the road you are driving on that will be affected by your speed even if you are abiding by the speed limit.

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Maximum Speed Limit

The maximum speed limit on most California highways is 65 mph however, you may drive 70 mph where posted. Unless otherwise posted, the maximum speed limit is 55 mph on two-lane undivided highways and for vehicles towing trailers. Why the different speed limits for different vehicles? The weight and size of a certain vehicle can drastically affect their ability to stop or slow down when they are faced with unforeseen obstacles. But it is so important to use your best caution when maneuvering down different highways or freeways. The maximum speed limit is meant to deter cars from going too fast so that way their stopping distance doesn’t increase too much. Similar to speeding on the road, driving too slow can be just as dangerous. Of course we are all implored to follow the law and stay within the posted speed limits however, best practice you want to also consider the flow of traffic.

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Slow Moving Traffic

Similar to speeding on the road, driving too slow can be just as dangerous and may even warrant a ticket. Of course we are all expected to follow the law and stay within the posted speed limits however, best practice you want to also consider the flow of traffic as well as the weather. If there is heavy fog or it just began to rain, the roads are not safe to drive 65 mph even though there is a posted sign for the speed limit. If you are driving significantly slower than the speed limit on the right lane of the freeway, and oncoming cars have to slow down because of you, the fast moving traffic behind you may have to  brake suddenly. Yes driving slow can still cause accidents. Even though slower traffic is supposed to drive on the right lanes, that doesn’t mean you should drive significantly slower than everyone else. Not to mention, towing vehicles, buses and large trucks are always supposed to drive on the right lanes. Always be aware of your speed and surroundings.

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School Zones

As drivers, we are expected to be 100% aware of our surroundings and drive carefully so that we don’t harm others. Anytime there is a school zone, the rules of the road change. Within 500 feet of a school while children are present or if they are crossing the street, the legal limit changes to 25 mph, unless otherwise posted. Especially if you see that the school session is ending for the day, and there are large crowds of children and parents picking them up, you never want to drive faster than 25 mph. You should always drive carefully anytime you are operating a motor vehicle however, anytime you are driving near schools, playgrounds, parks and residential areas you should drive extra cautiously because children are much smaller and sometimes a little unpredictable. Around these areas, children may suddenly run into the street. Here are some common considerations near schools:

  • Bicyclists and pedestrians.

  • School safety patrols or school crossing guards. Always make sure to obey their direction as they are trying to manage the surplus of vehicles when school is beginning or ending.

  • Stopped school busses. Remember some school busses have flashing yellow lights are to warn you to slow down and prepare to stop. Red lights require you to stop from either direction until children are safely out of the way. By law you are required to stay stopped until red lights stop flashing – this is a finable offense and can potentially warrant a suspended license.

Blind Intersections and Alleys

What are blind intersections? Blind intersections you cannot see for about 100 feet in either direction during the last 100 feet before crossing. An intersection can also be considered a “blind” intersection if there are no stop signs at any corner. Anything can block your view from trees, bushes, buildings or even parked cars. If your view is blocked, edge forward slowly until you can see. The speed limit for a blind intersection is 15 mph. The speed limit in any alley is also 15 mph.

Railroad Tracks

If you cannot see the tracks of a railroad for 400 feet in both directions the speed limit is 15 mph within 100 feet of the railroad crossing. However, if there is a gate, warning signals or flagman you may drive the posted speed limit. Always be very cautious around railroad tracks and crossings especially if you are in bumper to bumper traffic. You don’t want to get stuck on the tracks if you need to make a complete stop suddenly. Here are important considerations when you are at a railroad or train crossing:

  • Always look in both directions and listen for trains. Many crossings have multiple tracks so be ready to stop before crossing, if necessary. Cross railroad tracks only at designated crossings and only when it is safe to do so.

  • Expect a train on any track at any time traveling in either direction. If you need to stop after crossing the tracks, make sure your vehicle clears the tracks before you stop.

  • Never stop on the railroad tracks. Remember that a train cannot stop quickly or swerve out of the way. If you are on the tracks, you risk injury or death.

  • Some vehicles must stop before crossing train tracks, be sure to watch out for them. Such vehicles include buses, school buses, and trucks transporting hazardous loads.

  • Remember that flashing red lights means you are required to STOP! Stop at least 15 feet from the nearest track when the crossing devices are active or a person warns you a train is coming. Stop if you see a train coming or you hear the whistle, horn, or bell of an approaching train.

  • Do NOT go around or under lowered crossing gates even if you do not see a train. Wait for the gates to rise. If the gates are not working correctly, call the railroad emergency number posted near the crossing or notify the local police or California Highway Patrol.

  • The same rules apply for light rail vehicle crossings. Remember that light rail vehicles are very quiet and move faster than freight trains.

Streetcars, Buses and Trolleys

Many of us don’t prefer to sit in traffic, so this tempts us to drive faster and weave around slower cars or buses. This is not safe and can warrant a ticket. However, the passing speed limit only when safe to pass is no more than 10 mph. You must always consider the zone you are driving in and the conditions around where you are trying to pass. A safety zone is marked by raised buttons or markers on the road and is set aside for pedestrians. Always drive with caution and do not try to speed past buses, trolleys or other street cars if it is not safe to do so.

Business and Residence

Caution and speed limit around business or resident districts is similar to caution and speed limit around schools. The speed limit is 25 mph unless otherwise posted.

Animals

Just as you should use caution around other cars and people, the same respect and caution should be used for animals, stray or not. Anytime you see animals or livestock, slow down and obey the person in charge of the animals. If you see a stray animal in your path, slow down or stop, if safe to do so. Always following the speed limits and using caution when there are special road conditions is key. Driving too fast on a road and then swerving for a sudden stray animal that appears can cause and accident. Always handle with care and follow the rules of the road.

Unintended Consequences of Car Modification

Most car owners who modify their cars are aware that the modifications tend to decrease, not increase, the value of their vehicle when they want to sell it. Why is the vehicle worse less money after modification, when modification can cost a lot of money? Your tastes are unique and don't necessarily match the tastes of other drivers. But there are several even more important reasons to carefully consider any modification to the external appearance of your vehicle.

This is how law enforcement may perceive you, regardless of how you're driving

This is how law enforcement may perceive you, regardless of how you're driving

Safety First

People change the appearance of their vehicle to get a certain look, something perhaps sportier than the original version. Or, maybe they want to stay up to date in trends of color and wheels. But many car owners may not consider that their modifications can have safety implications, and may not even be legal. For example, you may have driven behind a vehicle that has darkened plastic covering their rear lights, usually on a dark colored or black vehicle. The appearance makes the car look more uniform in color, as the back lights are less pronounced. What you may also have noticed is the brake lights are not as bright on these vehicles. Owners of these vehicles risk being rear-ended due to their brake lights not being bright enough, resulting in the driver behind them not being aware that the car in front is braking. 

Some modifications, like tinting light covers, especially brake light covers, can be illegal. There are millions and millions of vehicles on California roads, so what are the chances a driver of a vehicle with illegal brake light modifications will get pulled over? Maybe slim. But the chance that they'll get in a car accident certainly rises, posing a public safety hazard. This is why this particular modification tends to be against DMV standards. Also, if the vehicle has modifications that contributed to the crash, even a rear-end accident that results in injury, liability will almost always go against the car that has the modification. Thus, if you modify your car and are injured, the chances that you're placed at fault are high. Then, in many cases neither the other party's auto insurance, nor your own, will pay for your medical expenses.

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Also consider that seemingly minor modifications, if enough to convince a police officer or California Highway Patrol officer that your vehicle's appearance had something to do with causing the crash, you may be liable for any injuries caused to other parties. A car modification to make your vehicle look "cool" may not feel so cool, after all.

Visibility is Good, But Excessive Visibility is Bad

Some car owners have followed trends shown in the "Fast and Furious" movies, and other car racing movies, and install neon lights under their vehicle. Again, these modifications tend to be illegal, and the owner can be tickets. If the owner is ticketed on multiple occasions, the car may be impounded and their license suspended. What's the big deal of a little neon light? First, if you have neon lights under your car, the vehicle is very visable - too visable to other drivers, in fact, making it a distraction and a safety hazard. If you cause an accident and the other party says they were distracted by your lights, you're unlikely to convince the California Highway Patrol that your under-carriage lights had nothing to do with the crash. In fact, many California injury attorneys will attest that in almost every case where one of the vehicles has significant modifications, that vehicle is placed at fault on the police report.

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The Presumption of Guilt

Stereotypes are often unfair and inaccurate, but they still matter. You  may have an impeccable driving record and be an upstanding citizen in every way, and a great driver, but if you're involved in a crash that injures someone, the appearance of your vehicle matters. It may not seem fair, but California injury lawyers almost unanimously agree that the appearance of your vehicle comes into play when deciding who should pay for the damages. An extreme example may be helpful: if you're driving a sports car with bright paint, modified wheels, and other changes to the vehicle, and you're involved in a crash with a brown minivan, and the driver of the minivan says you were speeding and driving crazy, who do you think the police officer is going to believe? And modifications sometimes aren't needed at all: a sports car involved in an accident with a more "normal" car will often result in the sports car driver being put at fault.

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Which Modifications Matter?

If your tint is too dark, you can expect raised suspicion by the officer who makes the car crash report. If you have after-market wheels on your car, that will also likely go against you. This is not fair, of course, as the kind of rims on your vehicle likely had nothing to do with causing the crash, but these statements are made based on many years of observation by experienced California car accident lawyers who have dealt with thousands of injury cases. Under-carriage lighting, especially neon, is a big no-no; if you want to do this to your car, it is recommended that you don't drive with the lights on. You're asking for a ticket, at a minimum, and if you're involved in a car crash and someone gets hurt, your chances of not being put at fault are very low. Don't tint your tail lights; it's most often against DMV code, and it often results in rear-end accidents. Flashing lights on the interior that can be seen from outside are a big no-no. Basically anything that could distract other drivers and are not necessary to the safe operation of your vehicle are frowned upon by law enforcement, and do in fact contribute to car crashes. Mirror paint, or metallic paint jobs can often be distracting (this is, of course, obvious and on purpose), and the drivers of these vehicles will often attest that the number of tickets and perceived harassment by law enforcement is simply not worth it. Not to mention, most of these chances to your car are expensive, some costing many thousands of dollars!

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What if You're Involved in an Crash That Results in Injury?

If you were injured in a car crash, there are a lot of things to consider right away: your health, your auto insurance, the other driver's auto insurance, a police report or California Highway Patrol report, medical bills, lost wages - the list goes on and on. Most people have a decent idea of where to start and how to go about it, but there are endless loopholes designed to keep money with the insurance companies and out of your pocket. A call with an experienced car crash lawyer who practices in California may be beneficial. Also, if you were driving a modified vehicle and were involved in a crash where someone was injured, you  may benefit from speaking with an attorney, especially if you feel you were unfairly put at fault. Speaking with an injury law firm may save you a lot of time, headache, and money in the long run, and most lawyers offer these consultations at no up front cost.

The Lions Injury Lawyers practice injury law, and have seen many of the examples contained in this blog post play out in real life cases. If you or someone you love was involved in an accident that resulted in injury, you owe it to yourself to discuss the matter with an attorney, if only to reassure yourself you're going about things properly. The Lions Injury Lawyers represent clients throughout California, from San Diego all the way past San Francisco and including the Inland Empire and more remote parts of California.