Understanding California's Basic Speed Law

Here is the transcript from the video:

Hello everyone and thanks for watching.  My name is Robert Mansour, and we're going to spend a few minutes talking about California's basic speed law.  I'm a lawyer in the northern Los Angeles County area.  I can be reached at www.valencialawyer.com or call the office at 661‑414‑7100.  I used to work as a defense attorney for a major insurance company for many years, and for the last several years I've been representing victims of serious car accidents, and one issue that always comes up is California's basic speed law. 

Now, at the top of the slide you'll notice that there is a speed limit sign.  Please understand California's basic speed law and the speed limit are two different things.  The speed limit is the fastest speed you should be driving in a particular area, but that doesn't necessarily mean doing so is a reasonable speed.  Let's take a closer look. 

California's basic speed law can be found in California Vehicle Code § 22350.  Now, what does that mean?  All that means is that California has a lot of rules and regulations about everything.  There is the Business and Professions Code, there is the Criminal Code, there is the Civil Code, there is the Evidence Code, there's the Probate Code and guess what?  We have a Vehicle Code that governs cars and motor vehicles in California just like any other state, and Section 22350 is our basic speed law, and you're going to see this citation or this Vehicle Code section in many police reports because oftentimes somebody was going too fast for, uh, the circumstances and was cited or noted to have been in violation of California Vehicle Code § 22350. 

So let's take a closer look at what this section actually says.  Section 22350 reads as follows:  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.  That's California's basic speed law as codified in Section 22350 of the California Vehicle Code. 

Now, you'll notice there is no mention in this section of the speed limit.  It doesn't say anything about the speed limit.  Basically, the second line is probably the most important.  It says you have to drive at a speed that is reasonable or prudent given the circumstances, so in many cases that I handle in personal injury matters, my clients or the other party might try to say, "well hey, I was driving the speed limit."  Well, that's not really a defense because the speed limit is the fastest speed you should be going.  It's not necessarily reasonable or prudent to have been driving that speed at the time the accident occurred.  So keep in mind the California Vehicle Code basic speed law is not necessarily the same thing as the speed limit.  They are two separate things. 

Thank you very much for taking the time to watch this short video.  I hope you found it helpful.  If I can of service to you, and you've been involved in a serious car accident in the Santa Clarita area or anywhere in Los Angeles County, visit my web site at www.valencialawyer.com or call the office at 661‑414‑7100.  Thank you very much.