Speeding Accidents and Inclement Weather in San Clemente

North County Injury Lawyers — Fri, 10 Jul 2020 20:43:37 GMT

When most of us think of speeding and car accidents, we think about drivers who are traveling at a speed well beyond the posted speed limit and often behaving in other aggressive ways. Yet speeding does not have to mean just driving beyond the posted speed limit. When there is inclement weather or there are poor driving conditions, motorists need to behave reasonably and need to recognize that they owe a duty of care to other drivers and passengers on the road. As such, even if a motorist is traveling at a speed below the posted speed limit, that motorist still may be unlawfully speeding—and thus may be responsible for injuries in an accident—if the speed is too fast to be considered safe for the conditions.

When Traveling Below the Speed Limit May Still be Speeding

According to California Vehicle Code Section 22350, which is the speeding law in the state, “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.”

To be clear, even if a driver is traveling below the speed limit but that speed endangers the safety of others, that driver may still be unlawfully speeding.

Motorists May be Liable for Accidents That Happen in Inclement Weather

When a driver is going too fast for the conditions, that driver is likely behaving in a negligent manner. Accordingly, that driver may be liable for any injuries that result from speeding. Inclement weather or poor driving conditions may include, for example, high winds, fog, and rain.

Do Not Delay in Filing Your Claim

Do not wait too long to file a claim if you were injured in a collision that occurred during inclement weather or poor road conditions. You may be able to seek financial compensation by filing a lawsuit against the at-fault driver who was traveling at speeds too fast for the conditions. For most speeding accident cases like these, the injured party will have two years from the date of the accident to file a lawsuit under California law. Yet the sooner you begin the process of filing a claim, the quicker you may be eligible to receive compensation.

Contact a San Clemente Car Accident Lawyer for Advice

Were you injured in a car accident that occurred during inclement weather or other poor driving conditions? It is important to keep in mind that, although inclement weather or bad road conditions may have played some role in the crash, other drivers need to slow down to account for the conditions. As such, if another driver was traveling at a speed that was too fast to be considered safe or reasonable under the conditions, that driver may have been speeding and may be liable for your injuries. An experienced San Clemente car accident attorney at our firm can discuss your case with you today. Contact the Walton Law Firm for more information.

Speeding and Teen Driving in San Diego

North County Injury Lawyers — Fri, 10 Mar 2017 14:59:18 GMT

What are some of the most common causes of fatal teen driving accidents in San Diego? According to a recent report from NBC San Diego, a survey conducted by the AAA Foundation for Traffic Safety showed that speeding, a form of aggressive driving, and distracted driving top the list for common causes of deadly, yet preventable, crashes involving teens. It is important for teens who are getting behind the wheel in Southern California to recognize their own limited experience and to take extra precautions to avoid a dangerous or life-threatening car accident, but the impetus should also be on parents to ensure that their teenage drivers understand the serious risks associated with aggressive and distracted driving.

Details of the AAA Foundation for Traffic Safety Report

As the report explains, the AAA Foundation for Traffic Safety recently conducted a large-scale study that aimed to determine the common causes of fatal accidents among teenage drivers. What did the survey determine? Over the last five years, “speeding was one of the top mistakes made by teen drivers in fatal crashes across the country.” The report indicated that teenagers have been drivers in around 14,000 deadly collisions during the time period, and of those crashes, about “4,200 involved speeding.” To put that number another way, around 30% of all fatal teen car accidents involved speeding. Yet it is often the other driver or drivers in the crash who suffer the consequences of the teen’s choices.

According to Bill Van Tassel, the manager of Driver Training Operations for AAA, “nearly two-thirds of people injured or killed in a crash involved a teen driver are people other than the teen.” In some cases, the victims are passengers in the teen’s car. In other situations, a driver or passengers in another vehicle may suffer serious or fatal injuries.

Driving Instructors Indicate that Parents Can Be Better Driving Role Models

When AAA conducted its survey, it reached out to driving instructors who have learned more about teen driving behaviors during lessons. The AAA report indicates that about 65% of driving instructors who were surveyed indicated that “parents are not preparing their kids to be good drivers, compared to 10 years ago.” What are today’s parents doing wrong? The driving instructors suggest that teens tend to learn some of the following dangerous driving behaviors by watching their parents:

Using cell phones behind the wheel; and/or
Speeding in excess of 15 miles per hour beyond the speed limit.

The fact that teens are seeing their parents talking on handheld cellphones while driving should not come as a huge surprise. Indeed, nearly 80% of drivers who are between the ages of 35 and 55—the age range for parents of current teen drivers—admitted to talking on a cellphone regularly while they were driving. Can parents help to prevent teen driving accidents?

Jennifer Ryan, the AAA Director of State Relations, emphasizes just how important it is for parents to set a good examples for their kids: “Most teens are learning important driving skills from watching their parents and they are picking up bad behaviors along with the good ones.” As such, AAA urges parents with teen drivers not only to teach their children about the serious risks of aggressive and distracted driving, but also to show them what good driving looks like by avoiding aggressive and distracted driving behaviors.

Contact a Car Accident Lawyer in San Diego

Do you have questions about filing a car accident claim? An experienced auto accident lawyer in San Diego can assist you. Contact the Walton Law Firm today for more information about seeking compensation for your injuries.

(image courtesy of Anja)

speeding - Walton Law Firm

Speeding Accidents and Inclement Weather in San Clemente

Speeding and Teen Driving in San Diego