It is well known that one rule of the road is to drive at the speed limit or below. Of course the speed limit could arguably be too fast if there are unusual conditions like heavy rain and so forth. The question becomes: what happens when both cars violate the rules of the road, like where one car fails to yield to another car but the other car is traveling well in excess of the speed limit. This is where, if the fact finder finds that both cars have violated the rules of the road and both violations were the legal cause of the accident, then both cars can be found at fault and the fact finder would have to apportion fault, i.e. 50 percent/50 percent, 70 percent/30 percent and so forth.
The accident lawyer in Boca Raton (injury attorney in Boynton Beach, accident attorney in Delray, injury lawyer in Coral springs, accident lawyer in Pompano, injury attorney in Deerfield Beach, accident lawyer in West Palm Beach), Gary J. Drucker, discusses different types of accidents. Clients are helped when they are involved in an accident and a free consultation is offered to accident victims.
Below is a copy of the statute that deal with speeding.
By example, Mary is traveling west on Boynton Beach Boulevard; however, she is traveling well in excess of the 45 miles per hour speed limit. In fact, witnesses state that she was going more than 60 miles per hour and possibly even 80 miles per hour. John is traveling east on Boynton Beach Boulevard but is going to make left and go North on congress avenue. John pulls into the intersection, believes it is clear and starts to make the turn. Because Mary is going so fast, the front of Mary’s car hits the rear passenger side of John’s car. John says accident would not have happened had Mary not been traveling so fast. Mary says accident would not happen if John had yielded the right of way to Mary.
One thing I will point out is that if there is solely the testimony of John saying Mary was going fast, the case would be much weaker for him versus this scenario where there are a couple of witnesses that agree she was going too fast. That is a big difference in the case.
If the jury would find that the speed was a cause, they could find that Mary was fully at fault or partly at fault.
It is important to note that every case is unique and should be judged based on the specific facts of the case, especially in car accidents which there is an issue of fault. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.
316.183 Unlawful speed.—(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.
(3) No school bus shall exceed the posted speed limits, not to exceed 55 miles per hour at any time.
(4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when:
(a) Approaching and crossing an intersection or railway grade crossing;
(b) Approaching and going around a curve;
(c) Approaching a hill crest;
(d) Traveling upon any narrow or winding roadway; and
(e) Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(6) No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-159; s. 3, ch. 76-218; s. 3, ch. 76-286; s. 1, ch. 77-174; s. 6, ch. 87-161; s. 2, ch. 88-47; s. 5, ch. 88-91; s. 4, ch. 88-93; s. 21, ch. 90-227; s. 17, ch. 94-306; s. 20, ch. 96-350; s. 135, ch. 99-248; s. 32, ch. 2005-164.
