22349(a) Speeding Over 65 MPH

Speeding is a leading cause of car accidents in California, and California Vehicle Code 22349a prohibits driving faster than the maximum speed limit. If you were injured in a car accident caused by a speeding driver, their violation of this law can support your claim for compensation. Taking legal action can help you recover damages for your injuries, lost income, and other impacts on your daily and future life.

What Is California Vehicle Code 22349a CVC?

California Vehicle Code 22349a sets the maximum speed limit for drivers on most highways at 65 mph. This law aims to reduce accidents caused by excessive speeds, ensuring safer conditions for all road users. Drivers exceeding this limit are in violation of the law, even if they believe they are driving safely under the circumstances.

This law establishes clear limits to guide drivers and prevent reckless speeding. Certain highways may permit speeds of up to 70 mph where explicitly posted, while undivided two-lane highways have a lower maximum limit of 55 mph. By enforcing these limits, CVC 22349a minimizes the risk of high-speed collisions and promotes responsible driving.

The language of the statute reads as follows:

“22349 VC.  (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.”

Important Points About CVC 22349a

• Maximum speed limit is 65 mph unless posted otherwise – This applies to most California highways.
• Some highways allow up to 70 mph where specifically marked – Drivers must follow posted signs to determine the applicable speed limit.
• 55 mph is the maximum on two-lane, undivided highways unless otherwise posted – This ensures safer travel on less developed roads.
• Applies to all motorized vehicles – The speed limits apply to cars, trucks, motorcycles, and other motor vehicles.
• Covers both urban and rural areas – Limits vary depending on road type and traffic conditions, ensuring adaptability to different environments.

How CVC 22349a Affects Your Car Accident Case

When a driver violates CVC 22349a, their excessive speed often serves as evidence of negligence in a car accident case. Speeding drivers reduce their ability to react to hazards, increasing the likelihood of collisions. Below are key ways this violation can impact a personal injury claim:

Establishing Fault Through Speeding Evidence

Exceeding the maximum speed limit demonstrates a breach of duty to drive safely, a key element of negligence. Police reports, dashcam footage, and witness statements often document the driver’s speed at the time of the accident. This evidence strengthens the victim’s case by proving that the at-fault driver’s behavior directly contributed to the collision.

Strengthening Claims for Damages

Speeding violations often lead to more severe collisions, resulting in greater injuries and higher medical treatment costs. The egregious nature of excessive speed can support claims for both economic and non-economic damages, including pain and suffering. Courts and insurance companies are more likely to side with victims when there is clear evidence of reckless speeding.

Enhancing Punitive Damage Eligibility

Driving at excessive speeds demonstrates an offender’s reckless disregard for public safety, and may enhance a victim’s eligibility for punitive damages under California Civil Code 3294. Punitive damages go beyond compensatory amounts, penalizing the at-fault driver for their dangerous behavior. This additional compensation holds reckless drivers accountable for the harm they cause.

Penalties for Violating California Vehicle Code 22349a

Violating CVC 22349a can lead to significant penalties designed to deter speeding and encourage safer driving. These penalties increase with the severity of the violation and may include fines, points on a driving record, and license suspension.

Penalties for Exceeding Maximum Speed Limits

• May Driving 1-15 mph over the limit – Fine of $35 plus court fees. This penalty is often issued for minor speeding violations.
• Driving 16-25 mph over the limit – Fine of $70 plus court fees. These violations are treated more seriously due to the increased risk of accidents.
• Driving 26+ mph over the limit – Fine of $100 plus court fees. Drivers may also face mandatory traffic school or increased insurance rates.
• Repeat offenses – Accumulating multiple speeding tickets can lead to license suspension or designation as a negligent operator.
• Speeding in construction zones – Fines are doubled in construction zones to protect workers and other road users.
• Speeding in school zones – Exceeding limits near schools may result in enhanced penalties to prioritize child safety.

Accidents Commonly Caused by Speeding Drivers

Excessive speeds significantly increase the risk of accidents by reducing reaction times and making it harder for drivers to maintain control. Speeding is a leading cause of severe collisions, especially when combined with sharp turns, sudden stops, or congested traffic. Below are common accident types linked to speeding drivers:

High-Speed Collisions

High-speed collisions are among the most devastating accidents caused by speeding drivers. The increased velocity amplifies the force of impact, often resulting in catastrophic injuries or fatalities. These crashes are especially common on highways where drivers exceed posted speed limits, reducing their ability to react to sudden changes in traffic flow.

The severity of high-speed collisions stems from the sheer energy involved, which can lead to extensive vehicle damage and life-altering injuries such as traumatic brain injuries, spinal cord damage, or internal organ damage. Victims of these crashes frequently face prolonged recovery periods, high medical expenses, and emotional trauma.

Tip

If the other driver refuses to provide insurance information, take a photo of their license plate. Law enforcement can use this to track down their policy details.

Rear-End Accidents

Rear-end accidents occur when speeding drivers fail to stop in time to avoid hitting the vehicle ahead of them. Excessive speed reduces braking distances, leaving drivers with little time to react to sudden stops or slowed traffic. These crashes are particularly common in congested traffic or near intersections.

Victims of rear-end accidents often suffer from injuries such as whiplash, back pain, and head trauma. Additionally, property damage is frequently severe, especially if the speeding driver collides with a smaller or stationary vehicle. These accidents highlight the importance of adhering to speed limits and maintaining a safe following distance.

Rollover Accidents

Rollover accidents are more likely to occur when SUVs, trucks, or other top-heavy vehicles travel too fast on curves or uneven road surfaces. High speeds destabilize these vehicles, making them prone to tipping over during sharp turns or sudden or emergency maneuvers.

The aftermath of a rollover accident can be catastrophic, as occupants may be ejected from the vehicle or sustain crushing injuries. These accidents also pose significant risks to other road users, as rolling vehicles can block multiple lanes and cause secondary collisions.

Multi-Vehicle Pileups

Excessive speed can cause chain-reaction crashes, particularly on highways or during periods of heavy traffic. These pileups often begin with a single high-speed collision that forces vehicles into one another, creating a domino effect.

Multi-vehicle pileups frequently result in multiple injuries, extensive property damage, and significant delays for emergency responders. The chaotic nature of these accidents makes it difficult to determine fault, further complicating insurance claims and legal proceedings.

Head-On Collisions

Head-on collisions occur when speeding drivers lose control and cross into oncoming traffic. These crashes are among the most dangerous, as the combined force of two vehicles traveling in opposite directions often results in severe injuries or fatalities.

High-speed head-on collisions frequently lead to devastating outcomes, including traumatic brain injuries, fractures, and fatalities. These accidents are more common on rural roads with narrow lanes and limited visibility, where drivers may misjudge passing opportunities or fail to navigate curves safely.

Road Departure Accidents

Drivers who exceed speed limits may veer off the road, hitting barriers, trees, or other obstacles. Road departure accidents are particularly common on rural highways with sharp turns, steep inclines, or limited visibility. Excessive speed reduces a driver’s ability to navigate these challenging conditions.

The consequences of road departure accidents can be severe, often involving rollovers, vehicle fires, or high-impact collisions with stationary objects. Victims frequently suffer from life-threatening injuries or fatalities, emphasizing the importance of adhering to posted speed limits on winding or poorly lit roads.

Note

Many modern vehicles have black box data that records speed, braking, and impact force. This information can be used to prove fault in a disputed accident.

How Drivers Defend Against CVC 22349a Violations

Drivers accused of violating California Vehicle Code 22349a often present defenses to reduce or dismiss the charges. These defenses focus on challenging the evidence or providing valid reasons for exceeding the speed limit:

Arguing Road or Traffic Conditions

One common defense is arguing that weather, traffic, or emergencies required the driver to exceed speed limits. For example, a driver may claim they accelerated to avoid a collision or because wet roads made it safer to maintain momentum.

Dashcam footage or expert testimony can support this defense by showing that the driver’s actions were necessary under the circumstances. These forms of evidence demonstrate that the driver acted reasonably and not recklessly.

Challenging Speed Detection Methods

Defendants may dispute the accuracy of the tools used to measure their speed, such as radar guns or speed cameras. Faulty calibration, operator error, or environmental interference can lead to inaccurate readings.

Attorneys often request calibration records and training logs to identify errors in the use of speed detection devices. If discrepancies are found, this evidence may be excluded from the case.

Claiming Necessity

Drivers can argue that exceeding the speed limit was necessary to avoid immediate harm, such as escaping a dangerous road condition or avoiding a reckless driver. This defense focuses on demonstrating that the driver’s actions were justified to prevent a greater risk.

Evidence such as witness statements or dashcam footage can help establish the necessity of the driver’s actions. Judges often evaluate these claims carefully to determine whether the speed was truly required.

Questioning Officer Observations

In cases where no speed detection device was used, defendants may challenge the accuracy of an officer’s visual estimation of their speed. Officers may misjudge speeds, especially in heavy traffic or complex road conditions.

Cross-examining the officer’s testimony and introducing alternative evidence, such as traffic camera footage, can weaken the prosecution’s case. This defense is particularly effective when no clear evidence of speed is presented.

Laws Related to California Vehicle Code 22349a

Several laws complement or expand upon CVC 22349a, addressing various aspects of speeding and road safety:

• CVC 22350: California’s basic speed law – Requires drivers to maintain speeds safe for current conditions, such as weather, traffic, and road quality. Drivers may be cited for speeding even if they are within posted limits but driving unsafely for the conditions.
• CVC 22352: Prima facie speed limits – Establishes default speed limits for specific areas, such as 25 mph in residential neighborhoods or school zones. Violating these limits often results in higher penalties due to the increased risk to pedestrians and children.
• CVC 22406: Speed limits for commercial vehicles and buses – Limits commercial trucks and buses to 55 mph on most highways to reduce the risk of accidents involving heavy vehicles. Violations often lead to severe penalties due to the potential for catastrophic damage.
• CVC 22356: 70 mph maximum speed limits – Permits a maximum speed of 70 mph on designated highways where posted. Drivers must comply with posted limits to avoid violations.

California Vehicle Code 22349a FAQ

How does CVC 22349a differ from CVC 22350?

CVC 22349a sets absolute maximum speed limits for specific road types, such as 65 mph on highways and 55 mph on undivided roads. In contrast, CVC 22350 focuses on maintaining speeds that are safe for current conditions, even if those speeds are below the posted limit. Drivers can be cited under CVC 22350 for driving unsafely, regardless of their speed.

Can drivers be cited for speeding if there are no posted speed limit signs?

Yes, drivers can still be cited for speeding even if there are no posted signs. California law establishes default speed limits, such as 25 mph in residential areas and 55 mph on undivided highways. Ignorance of these limits does not exempt drivers from citations.

Does a CVC 22349a ticket affect insurance premiums?

Yes, receiving a ticket for violating CVC 22349a typically results in higher insurance premiums. Speeding violations are considered high-risk behavior by insurance companies, leading to rate increases or even policy cancellations.

What are the penalties for speeding in a school zone?

Speeding in a school zone can result in doubled fines and additional points on your driving record. These enhanced penalties reflect the increased risk to children and pedestrians near schools.

What happens if a speeding violation causes an accident?

If a speeding violation leads to an accident, the at-fault driver may face enhanced penalties and civil liability. Victims can file personal injury claims to recover damages for medical expenses, lost wages, and pain and suffering.

Pro Tip

Gaps in medical treatment can hurt your car accident claim. Attending all doctor’s appointments and following prescribed treatments shows the seriousness of your injuries.

Pursue Compensation After a Speeding Accident With Crockett Law Group

Speeding drivers who violate California Vehicle Code 22349a often cause severe collisions and devastating injuries. If a speeding driver caused your accident, you deserve compensation for your medical bills, lost income, and other damages. Reach out to Crockett Law Group to hold the at-fault driver accountable and protect your financial future.