Speeding Accidents

California imposes restrictions on the maximum speed that drivers are permitted to travel on public roads. Many drivers fail to abide by speed limits, however, and they may inadvertently or purposefully drive at speeds higher than what is permitted by law. Speed limits are imposed for the safety of all drivers and passengers on the road, and when a driver ignores the speed limit, it increases the risk of causing an accident. If you were injured in a speeding accident, it is prudent to meet with a skilled San Marcos car accident lawyer to discuss your options for seeking compensation for your harm. Zev Rubinstein has represented people in San Marcos, Escondido, Vista, Oceanside, and Carlsbad in lawsuits arising out of car accidents for over 25 years. He is mindful of the devastating impact that a speeding accident can have on your life, and he will work tirelessly to help you attempt to recover your losses.

In California, numerous laws limit the speed that a motorist is permitted to drive on a public road. First, California has a catchall provision, which states that no driver should travel at a speed faster than what is prudent or reasonable, given the current weather conditions, visibility, and traffic. In any event, drivers are prohibited from driving at a speed that would endanger anyone. Therefore, even if a driver is traveling at the speed limit, he or she may still be driving too fast under the circumstances.

California also has a law defining absolute speed limits for certain roads. If a driver travels faster than the set speed limit, he or she is in violation of the law, regardless of the circumstances. Under the law, drivers are not permitted to drive over 65 mph on freeways or highways, or 55 mph on two-lane highways that are not divided, unless otherwise specified. Lastly, California has prima facie speed limits for roads that are not highways or freeways. For example, the speed limit is 15 mph for alleys, intersections with less than 100 feet of visibility, and railroad crossings, and it is 25 mph in school zones and business and residential districts, unless otherwise posted.

The majority of lawsuits arising out of car accidents in San Marcos, Escondido, Vista, Oceanside, or Carlsbad argue that the driver who caused the accident acted negligently and therefore owes compensation to the injured person. To recover compensation in a negligence claim, the injured person and their attorney must show that the defendant driver owed the injured person a duty to exercise due care and that the driver breached that duty by traveling at an excessive speed. The victim also must establish that the driver's breach caused the accident and any harm allegedly caused by the accident. The defendant’s breach does not need to have been the sole cause of the accident, but it must have been a major factor in causing the accident. Furthermore, the victim must show that the accident would not have happened without the breach.

If the injured person successfully proves that the defendant driver is liable for the accident, he or she may be awarded the cost of any medical treatment for the injuries sustained in the accident and the cost of any treatment that he or she may need in the future. The victim also may be awarded damages for lost earnings if he or she could not work following the accident. Additionally, in many cases, a large portion of the damages awarded to the injured person is meant to compensate for the mental anguish and pain and suffering caused by the accident. If you were harmed in a speeding accident in San Marcos, Carlsbad, Escondido, Oceanside, or Vista, you should speak with a trusted personal injury attorney as soon as possible regarding your case and the types of damages that you may be able to receive.

Speeding causes thousands of accidents per year, and the accidents often are severe, resulting in lasting and significant harm. If you were injured in a speeding accident, it is crucial to consult a knowledgeable car accident lawyer to discuss your accident and your next legal steps. Attorney Zev Rubinstein is proficient at assisting victims in the pursuit of damages in lawsuits arising out of car accidents and will work diligently to present a compelling case on your behalf. Mr. Rubinstein has an office in San Marcos, and he assists people injured in car accidents throughout North San Diego County, including in San Marcos, Oceanside, Carlsbad, Escondido, and Vista. Mr. Rubinstein can be contacted through the online form or at 760.804.2790 to set up a consultation to discuss your case.