California’s Basic Speed Laws Explained

California roads are renowned for their breathtaking scenery, turning every drive into an unforgettable experience. Whether cruising coastal freeways or navigating mountain passes, the journey is as thrilling as the destination. However, safe driving requires adherence to the state’s strict traffic rules, particularly those regulating vehicle speeds.

California implements various speed laws to regulate traffic and improve road safety. These include basic, absolute, prima facie, and minimum speed laws, which require drivers to adjust their speed to current conditions.

Every motorist must be familiar with these basic speed laws. Unfortunately, many drivers either lack awareness or fail to understand the importance of these rules, leading to dangerous speeding incidents.

Key California Speed Laws Every Driver Should Know

The state is increasingly concerned that drivers are becoming too comfortable and inattentive on familiar routes, such as between home and work, often resulting in breaches of basic speed regulations. Despite numerous conversations about the issue of speeding, it continues to be a significant problem. The safety of California’s roadways is critically dependent on drivers strictly adhering to speed limits, and authorities are attempting to accomplish this through a variety of measures.

The Golden State implements speed limits to address the growing number of speeding-related accidents. California has four major speed laws designed to ensure that drivers operate their vehicles at a safe and responsible pace.

These regulations apply to regular and commercial drivers, although applicable laws hold the latter to a higher standard. Given trucks’ substantial size and weight, commercial vehicle accidents can cause significant damage in collisions. For example, heavy commercial vehicles are required to drive in the rightmost lane of the highway or in the second lane from the right if the highway has more than two lanes, in order to ensure traffic flow and safety.

Speeding by truckers can result in extensive property damage, severe injuries, and fatalities. Whether you possess a commercial driver’s license (CDL) or a non-CDL, it’s essential to understand the following major speed laws:

Basic Speed Law

California’s Basic Speed Law directs drivers to maintain a reasonable speed based on the prevailing conditions. The California Vehicle Code states that “no person shall drive a motor vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard for the traffic on and the condition of the highway, the condition of the weather, and the visibility.”

The key phrase in this law is “reasonable and prudent.” Drivers must use their judgment to determine a safe speed appropriate to the circumstances. There is no blanket speed limit for everyone. Instead, drivers must adjust their speed in response to poor weather conditions, heavy traffic, and dangerous road conditions.

Drivers must also modify their speeds when:

• Sharing the road with pedestrians and cyclists.
• Encountering wildlife.
• Approaching a railroad crossing.
• Traveling on slippery or wet roads.
• Experiencing limited visibility due to exhaust fumes, smoke, fog, or other obstacles.
• Being confronted with strong light conditions, e.g. glare or artificial light.
• Passing through areas with heavy traffic.

In addition, the law requires drivers to slow down in certain areas where a lower speed is required, such as on hills, in residential areas, in commercial districts, in the countryside, or in remote areas. The basic speed law emphasizes the importance of a driver’s ability to assess the current road conditions and adjust their speed accordingly.

Imagine driving along the scenic Pacific Coast Highway (PCH). On a clear day, the speed limit might be 55 mph. However, California speed law dictates that you must adjust your speed to the current conditions. This means that even if the speed limit is 55 mph, you must slow down if heavy traffic, fog, rain, or other factors prevent you from traveling at that speed. After a sudden downpour, for example, the PCH road can become dangerously slippery, so a slower speed is essential to avoid accidents.

Absolute Speed Law

Absolute speed limits are strict regulations that prohibit drivers from exceeding a certain speed limit, regardless of the conditions. They are strictly enforced, and there are no exceptions. Drivers must adhere to speed limits on freeways and highways. Drivers traversing freeways and highways must stick to these general speed limits:

• 65 mph on freeways or other highways.
• 55 mph on undivided highways with two lanes unless higher speed limits are specified.

Under absolute speed limits, driving a vehicle faster than the posted restrictions is unlawful and an automatic violation.

Prima Facie Speed Law

Prima facie is a Latin term that translates to “at first sight” or “on the face of it.” In the context of speed limits, the posted speed limit is assumed to be valid and enforceable, but it’s not absolute. In this case, speeding does not come with automatic penalties, and the driver must prove that their speed was reasonable under the specific circumstances.

The Prima Facie Speed Law creates a presumption of validity, but it’s inconclusive. Drivers have the opportunity to present evidence to rebut this presumption.

Examples of the speed limits under this rule are:

• Railroad Crossing Speed Limits — Motorists must run at a maximum of 15 mph at railroad crossings. The same applies to those who drive through alleys and highway intersections where oncoming traffic has less than 100 feet of visibility.
• Residential Speed Limits — Drivers who pass through residential and business districts must limit their speed to 25 mph.
• School Zone & Senior Center Speed Limits — When approaching a school zone or facility for senior citizens, motorists should drive no more than 25 mph.
• Construction Zones — Vehicle Code 22362 indicates that it’s assumed to be a violation of the basic speed law if a driver exceeds the posted speed limit in a highway work zone.
  • When workers are present on the highway, it’s automatically considered breaking the law if you drive faster than the posted speed limit in that area.
  • This rule only applies if there are signs posted within 400 feet of the work zone showing the speed limit (at least 25 mph) and explaining why the speed is restricted.

In essence, if you go over the posted speed limit in a marked work zone, it’s presumed to be unsafe unless proven otherwise. Unless posted otherwise, drivers must obey prima facie speed limits.

Minimum Speed Law

Imagine cruising down the highway, but suddenly, you have to slam on the brakes because the car ahead is crawling at 15 mph below the speed limit. Not only is it annoying, but driving too slowly can actually be dangerous.

Under the Minimum Speed Law, drivers need to keep up with the normal flow of traffic. Moving too slowly can cause traffic jams, prompt risky passing, and force other drivers to brake or swerve suddenly, leading to potential rear-end collisions or worse.

Maintaining a reasonable speed isn’t just about avoiding tickets—it’s about keeping the road safe for everyone.

Let’s say you’re driving down a steep hill. It’s essential to slow down and take extra care to navigate the slope safely. Reduced speed isn’t just allowed; it’s necessary in situations like this to maintain control and avoid accidents. So, when the road gets tricky, remember to ease off the gas and keep everyone safe. Other factors that need to be considered when determining minimum driving speeds include the following:

Additionally, the Minimum Speed Law requires slow vehicles to stay in the right lane most of the time. They must also get off the road safely and promptly if they break down.

How Are Speed Limits Determined In California?

The law and speed zoning practices based on engineering and traffic surveys determine speed limits. These methods measure factors such as:

Cities must set speed limits that make sense for drivers. If the speed limit is too low, drivers may ignore it and drive faster, which can lead to traffic problems. Speed limit studies are suitable for five to ten years and depend on the right equipment and training to be effective. They can also help show who is at fault in speeding accidents.

Consequences For Violating California Speed Limits

California strictly enforces its basic speed laws, with penalties ranging from fines and points to license suspension and jail time. The severity of the penalty depends on the extent of the speeding violation. Commercial drivers and those involved in accidents face harsher consequences. Here are some penalties:

Speeding Tickets & Driver’s License Suspension

Drivers who drive faster than the speed limit may face license suspension and receive a speeding ticket. The penalties for these offenses are calculated based on their severity.

For speeds over the limit but under 100 mph, the fine is:

• $35 for one to 15 mph above the posted safe speed limit.
• $70 for 16 to 25 mph above the posted safe speed limit.
• $100 for 26 mph, or more than the posted safe speed limit.

For instances where the speed exceeds 100 mph, the penalties for a violation increase significantly. Violators may expect the following:

Accumulation Of Driver’s License Violation Points

The California Department of Motor Vehicles (DMV) monitors drivers’ behavior to reduce traffic accidents to ensure they’re fit to drive. They use the Negligent Operator Treatment System (NOTS) to identify and punish reckless drivers, thus deterring others. This system evaluates driving patterns to identify potentially dangerous motorists and keep them off the road, improving road safety.

Under the California Vehicle Code, a driver may be considered a negligent operator if they accumulate the following violation points:

While most speeding violations under 100 mph result in 1 point, commercial drivers face harsher penalties, receiving 1.5 points for not adhering to speed limits.

Liability For Personal Injuries

Drivers who cause accidents due to speeding can be held liable for the resulting injuries and damages. This is not straightforward because establishing liability entails proving negligence in a vehicle accident. To do this, the following four elements must be proven:

• Duty Of Care — California law requires all individuals to uphold their duty of care to prevent accidents and keep others safe. For example, drivers have a legal obligation to exercise caution to avoid crashes and compromise the safety of their fellow road users. They must also abide by all traffic rules, including speed laws.
• Breach Of Duty — The defendant’s actions were unreasonable, deviating from the standard of conduct expected of a reasonable person. In a motor vehicle accident, drivers breach their duty of care by exceeding safe speed limits.
• Causation — The third step is to prove that the defendant’s speed limit violation directly caused the accident.
• Damages — A plaintiff must present evidence of the damages and losses incurred from speeding-related incidents. Examples include medical bills, missed earnings, physical pain, mental anguish, and emotional distress.

Establishing negligence can be challenging. Injured victims may need the legal guidance of lawyers with expertise in car accident cases.

Why Are Speed Limits Important?

For many drivers, speeding conveys their excitement and freedom on the open road. However, speed limits are essential to keep our streets safe. They serve several critical purposes:

Improving Traffic Flow

While it may seem counterintuitive, speed limits are crucial in improving traffic flow. Excessive speed can cause congestion and erratic driving. Adhering to speed limits makes traffic more consistent and predictable, reducing sudden stops and improving overall road efficiency.

Enhancing Road Safety

Research indicates that increases in speed limits directly affect traffic safety and are directly correlated with the frequency and severity of collisions. Traffic accidents, especially those resulting in injuries and fatalities, often occur due to high speeds. Following speed limits decreases the number of crashes and the likelihood of catastrophic damages. It is one of the best ways to avoid car accidents.

Protecting Vulnerable Road Users

Speed limits are not only meant to guarantee motorists’ safety. They are also in place to safeguard the most vulnerable road users, such as pedestrians and bicycle riders. Unlike drivers, these individuals lack vehicle protection, making them more susceptible to catastrophic injuries in a collision.

Vehicles traveling at safe, appropriate speeds minimize the chances of pedestrian accidents. Similarly, lower speed limits reduce the frequency of vehicles overtaking cyclists with better visibility and reaction times for drivers. However, when motorists drive excessively, bicycle accidents are likely to happen. These accidents can lead to severe injuries and fatalities.

Injuries Sustained In Speeding-Related Accidents

Speeding reduces a driver’s ability to react in time to avoid a collision and increases the distance needed to bring the vehicle to a stop. The faster a vehicle moves, the more forceful the impact will be in a crash, leading to more severe injuries for those involved. Safety features like airbags and seat belts are less effective at higher speeds, and vulnerable road users are at greater risk of fatal or life-altering injuries. Victims may sustain the following bodily injuries:

• Whiplash — Victims may experience whiplash due to the abrupt head movement following a sudden brake. This injury can heal independently, but in rare cases, it can cause nerve damage or other complications.
• Traumatic Brain Injuries (TBIs) — Traumatic brain injuries can range from mild concussions to severe brain damage. TBIs can occur when unrestrained passengers are thrown during high-speed collisions and hit their heads on hard surfaces.
• Spinal Cord Injuries — A damaged spinal cord is prone to complications such as paralysis, chronic pain, and other serious health problems. Victims may need to undergo laboratory tests such as X-rays to confirm any spinal cord injuries.
• Fractures — Passengers without seatbelts risk being forcefully propelled forward and slammed against the windshield or dashboard during speeding-related collisions. The strong force could break bones such as the pelvis, hip, spine, and clavicle. Fractures can mend over time, but severe conditions require casting and surgeries.
• Wrongful Deaths — Tragically, victims may end up losing their lives in a crash involving high speeds. The untimely death of a loved one can be devastating for the remaining family members. Although no amount of money can ever replace this loss, California law provides recourse for the survivors. Legal heirs may pursue wrongful death claims to hold the negligent driver accountable.

Where Do Speeding-Related Accidents Usually Happen In California?

When drivers speed, they may end up in accidents that harm other road users. In 2021, speeding-related crashes claimed the lives of 1,509 individuals in California. Most incidents occurred in urban areas, accounting for 76%, while only 24% occurred on rural roads.

Furthermore, reports indicated that 29% of tragic collisions happened on principal arterials (non-interstate). As such, you should be extra careful when traveling through these roads classified as other principal arterials:

Minor arterials contributed to 21% of fatal crashes, followed by interstates at 15%. Major collectors accounted for 13% of these tragic collisions. The remaining 22% occurred on other freeways, expressways, local streets, and minor collectors.

Collectors in the context of roadways refer to roads that gather or collect traffic from more minor roads and feed it into larger arterial roads or highways. They are often less busy than major thoroughfares but still play an essential role in transportation. Think of them as feeders that bring traffic to the main arteries of the road system.

Why Some Drivers Speed

Speeding-related issues typically stem from a variety of causes. One common factor that drives motorists to speed is their complacency about the risks their behavior poses.

In a podcast, Professor Leon James, a University of Hawaii psychology professor and co-author of “Road Rage and Aggressive Driving,” noted that everyone has a personal definition of speeding. He explained that our perception is based on our judgments of danger and speed, which is the target risk effect. Here, drivers decide how much risk they will take at any given moment.

Other common causes of speeding include the following:

• Time pressure
• Misplaced confidence
• Lack of knowledge
• Impatience
• Aggressive driving
• Peer pressure
• Situational oversight
• Poor road conditions
• Adverse weather
• Lax law enforcement

The reasons become clear when drivers follow the Prima Facie Speed Law instead of the Absolute Speed Limit. Under the Basic Speed Law, it’s more complicated for people in speeding accidents to show the other driver was at fault. That driver can say they had to speed because of their situation. In these cases, victims should get help from lawyers specializing in car accidents to hold the other driver accountable.

Statistics About Speeding-Related Accidents

Speeding-related accidents are widespread. What’s more unfortunate is that these incidents tragically result in fatalities and injuries. According to UC Berkeley’s Transportation Injury Mapping System (TIMS), these incidents caused 77,433 fatalities and different levels of injuries in California in 2023, up from 76,673 in the previous year.

On the list, Los Angeles County ranked first with 20,520 incidents. San Diego County and Orange County followed with 6,703 and 6,130 cases, respectively. San Bernardino County recorded 5,084 related accidents, while Riverside County had 4,798.

Frequently Asked Questions About Basic Speed Laws In California

What Should I Do After A Speeding-Related Crash?

After a speeding-related accident, you should take immediate action to protect your legal rights, similar to what you should do immediately after a car accident. Here are some crucial steps you must follow:

• If anyone has severe injuries, call 911 for prompt emergency services.
• Immediately inform the local authorities about the collision.
• Talk with other parties and exchange information, including names, phone numbers, license registrations, and insurance details.
• Request contact details from any witnesses.
• Gather solid evidence, such as photos and videos of your injuries and damages, vehicles involved, and road conditions.
• See your doctor for a thorough physical assessment and follow the prescribed treatment.
• Keep meticulous records of all your losses, especially medical expenses.
• Seek legal assistance from a top-notch car accident attorney skilled at speeding-related incidents. You may call Arash Law at (888) 488-1391 for a free case review.

Is Violation Of The Basic Speed Law Considered A Crime?

Yes, violating the Basic Speed Law in California is considered a crime. Under California Vehicle Code Section 22350, driving faster than is reasonable or prudent is illegal, given the current conditions, such as weather, visibility, and traffic. Violations can result in fines ranging from $35 to over $500, plus court costs and assessments. Sometimes, it can also lead to points on your driving record and increased insurance premiums.

What Happens If A Basic Speed Law Violation Is Associated With Reckless Driving And DUI?

According to California law, reckless driving is a deliberate neglect of the safety of others. Drivers might face a misdemeanor charge with the following penalties:

If the incident’s consequences are more serious, the fine and jail time may increase. Speeding-related cases arising from drunk driving accidents are also punishable under California law. Offenders may be punished with a minimum of 60 days in jail and enrollment in a drug or alcohol education program.

The driver may also face a civil case if their violations lead to injuries or deaths. They will be held accountable for the victim’s damages, including medical bills, lost wages, and pain and suffering.

Do I Need A Lawyer For My Speeding-Related Accident Case?

Speeding-related accidents often leave injured individuals asking, “Do I need a personal injury lawyer?” Quite often, the answer is yes.

Victims are entitled to compensation when they sustain damages in speeding-related incidents. However, the process of holding negligent parties accountable can be complicated. It can become overwhelming, especially if you’re still dealing with extensive recovery at the same time. At this point, you will need a team of car accident lawyers skilled in handling speeding-related collisions.

If you’re looking for the top lawyers for speeding-related accidents, consider Arash Law, one of California’s most prominent personal injury law firms. You can reach us any time. Our attorneys handling car accident cases are ready to serve you 24/7.

What Damages Can Victims Recover After A Speeding-Related Accident?

Speeding-related accidents frequently lead to various damages. Their gravity and extent are usually based on the speed involved and the impact of the collision. Nevertheless, California law allows injured road users to claim damages through personal injury cases. These may include the following:

• Medical bills
• Missed income
• Lost potential earnings
• Damage repair
• Wrongful deaths
• Pain and suffering
• Emotional distress
• Disabilities
• Loss of consortium
• Loss of enjoyment of life
• Inconvenience

Determining the exact damages in a speeding-related accident case can be difficult. You can get an accurate assessment of your speeding-related case with the help of your car accident lawyers. They will meticulously assess your claim and gather evidence, considering every loss you incurred.

Who Can File A Speeding-Related Accident Case?

Anyone injured by a speeding driver can file a lawsuit to prove the driver’s liability and seek compensation. This right applies to everyone regardless of personal circumstances. The law emphasizes that victims can pursue a personal injury claim regardless of their immigration status, race, age, gender, and other demographics.

Consult with your car accident attorneys to determine whether you have a viable case. They will assess your legal standing and advise you on your next steps.

Injured By A Speeding Driver? Consult Our Car Accident Law Firm Now

Violations of California’s basic speed laws often lead to severe, life-altering consequences. These accidents can have profound physical and emotional impacts. If a speeding driver has injured you, don’t wait — reach out to our experienced lawyers who specialize in car accident cases involving speeding.

Our law firm maintains a proven record of success. We’ve won various personal injury cases, including speeding-related crashes. We have secured over half a billion dollars in settlements and verdicts for our injured clients. Our personal injury attorneys are committed to prioritizing the victims’ best interests.

Arash Law offers contingency fee agreements, meaning you won’t pay us anything until we win your case. Contact us today at (888) 488-1391 to have your case reviewed for free. You can also reach us online by completing our “Do I Have A Case?” form.

Our speeding-related accident lawyers are available around the clock to address your legal needs. We offer our services in Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, Anaheim, and the rest of California.