22350 California’s Basic Speed Law

What Is California VC 22350?

California Vehicle Code 22350 VC is the basic speeding law that requires all motorists to drive at safe and reasonable speeds.

The language of the law reads as follows:

However, speed can be subjective depending on traffic conditions, weather, experience, and other factors. There are several factors the court system will use to determine whether speed rates should be considered safe and reasonable. Some examples include:

• If there were animals nearby
• The type of road or location, as speed rates vary in crowded urban areas, remote rural zones, and residential districts
• If the driver was traveling over a hill
• Whether bicyclists or pedestrians are sharing the roadways
• If the roadways were wet or slippery due to adverse weather conditions
• The lighting conditions while driving, whether that be bright road construction lights or intense sunlight
• Whether the driver was crossing or driving near a railroad crossing

What Is the Effect of VC 22350 on a Personal Injury Lawsuit?

CVC 22350 could have a considerable impact on your personal injury lawsuit. If a speeding driver caused your car accident and catastrophic injuries, you can demand full compensation for your damages and suffering.

Proving Liability

The burden of proof in personal injury claims is based on a preponderance of the evidence according to the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. When the driver that hit you is found in violation of 22350 VC, they will receive a citation.

You can rely on your personal injury attorney to obtain a copy of this citation during discovery so we have direct evidence of the driver’s negligence. The elements of negligence must be proven for your speeding accident lawsuit to be successful. These include:

• Duty of care
• Breach of duty
• Causation
• Damages

We will need more than the traffic citation to prove the driver that hit you was speeding and liable. You can rely on our team to hire accident reconstructionists and investigators who will review forensic and crash data to provide concrete evidence of the defendant’s excessive speed rates. Other types of evidence that could be used to prove the defendant’s culpability include:

• Photos of skid marks and vehicle damage
• Photos of your injuries
• Dash cam footage of the collision
• Witness testimony
• Police and crash reports
• Blood alcohol test results
• The defendant’s driving history

Partial Fault

It is also possible you could be accused of shared liability. For example, let’s say you were struck by a drunk driver. When you go to take legal action against them, they find out you were cited for a 22350 VC violation at the time of the accident. Even though the drunk driver was ultimately found liable for the collision, the defense could raise the argument that you are partially at fault.

The state follows a pure comparative fault system under California Civil Code 1714 which means you can still be awarded compensation even if you are partially to blame. However, liable parties often take advantage of these laws. The more blame you carry, the less you will recover in your personal injury settlement. Your payout will reflect a partial fault deduction to ensure you are held accountable for your CVC 22350 infraction. If the judge found you, say, 15% responsible, you would only receive 85% of whatever the jury awarded.

You should not lose hope if the defendant raises partial liability allegations. Text Kevin Accident Attorneys will be prepared to refute their accusations and ensure liability is accurately established in your case.

How to Hold Speeding Drivers Accountable

When you are ready to take action against the driver that hit you, there are several potential legal options that may be available. Generally, injury victims begin the claims process by filing a car insurance claim. California follows fault insurance laws under California Insurance Code – INS § 11580.1, meaning at fault drivers are held accountable for injury victim’s damages.

You carry your own auto insurance coverage, but in a car accident, you start by filing a claim against the liable party’s insurance policy. Unfortunately, this means the amount you can recover through an insurance settlement may not be enough to meet your needs. The insurance company is not required to cover every loss. They are required to pay out up to the highest limits of the policyholder’s policy.

According to the California Department of Insurance, drivers are required to have $15,000 per person/$30,000 per accident in bodily injury liability coverage, and $5,000 per accident in property damage liability coverage. If the speeding driver only has the minimum amount of coverage, your medical bills and vehicle repair costs could quickly exceed their policy limits.

If or when this happens, you may need to be prepared to bring your car accident case to trial. We will use the defendant’s 22350 VC violations as proof of their liability in court so you can demand fair and just compensation for your losses.

Fight for Maximum Compensation

Whether you are dealing with the insurance company or bringing your case to trial, as a car accident victim, you have the right to full repayment of your damages. Certain types of losses can be recovered through the insurance company. However, the speeding driver’s auto insurance coverage will determine which losses are covered.

Any damages that are not taken care of by the insurance company can be sought after through your personal injury lawsuit. The compensatory damages you are entitled to can be further categorized as either economic or non-economic. Economic damages are tangible and easily verifiable whereas non-economic damages are intangible and subjective in value as described under California Civil Code 1431.2. Some examples of potentially recoverable damages for speeding accident victims include:

• Loss of income, salary, or wages
• Current and future medical bills
• Vehicle repair expenses or replacement fees
• Loss of employee benefits, including health insurance, paid leave, and retirement savings contributions
• Permanent disability, disfigurement, and skin scarring
• Pain and suffering
• Loss of household services, including childcare expenses and home maintenance costs
• Psychological trauma and emotional distress
• Intense fear, indignity, embarrassment, or shame
• Damage to your personal or professional reputations
• Loss of love, support, companionship, guidance, and advice

Punitive damages may also apply in your speeding accident case. According to California Civil Code Section 3294, punitive damages are not awarded in every personal injury case. They are only issued in cases of gross negligence or intentional malice. However, if the driver that hit you has multiple speeding and 22350 VC violations, this could indicate that they have a blatant disregard for the law and the safety of others on the roadways. If this is the case, we may be able to argue punitive damages are appropriate in your case.

How the Basic Speed Law Is Different From Specific Speed Limits

Violations under 22350 VC are different from the speed limits that you see on the roads.

Absolute Speed Limits

Under California’s absolute speed limits, motorists are prohibited from driving faster than specified speed limits based on the situation. For example:

• Motorists are prohibited from driving more than 55 mph on a two-lane, undivided highway unless otherwise marked
• Motorist cannot drive faster than 65 mph on freeways and highways unless the speed limit has been marked at 70 mph
• Motorists are prohibited from driving faster than 70 mph on highways with 70 mph speed limits according to California Vehicle Code 22356

These are known as “absolute speed limits”. Essentially, you can face an infraction for these violations because you are automatically found in violation of the maximum speed law by speeding.

“Prima facie” Speed Limits

California’s presumed, or “prima facie” speed limits are described by CVC 22352. These outline the prima facie speed limits unless otherwise posted as follows:

• 15 mph in alleys
• 15 mph at highway intersections
• 15 mph at railroad crossings
• 15 mph within 100 feet of visibility of approaching vehicles
• 25 mph in residential districts
• 25 mph in business areas
• 25 mph in school zones

Driving faster than the prima facie speed limit does not necessarily mean the driver that hit you will be cited under California Vehicle Code 22350. Drivers cited for violating CVC 22352 may attempt to challenge their citation by arguing they were driving safe and reasonable rates of speed given these specific circumstances. Your car accident attorney with Text Kevin Accident Attorneys will be prepared to refute their evidence so there is no doubt of the defendant’s liability for the collision.

The Penalties of a 22350 VC Violation

When speeding drivers are found guilty under 22350 VC, they will face the penalties. In addition to the consequences of an infraction, the at fault party may be subject to liability through your personal injury claim and face subrogation from their insurer after you file a claim against their auto insurance policy.

Will the Liable Party Receive a Speeding Ticket or Get Their License Suspended?

The liable party will likely receive a speeding ticket and be fined for a 22350 VC violation. Potential base fine amounts when motorists are driving under 100 mph include:

• Driving faster than the speed limit by up to 15 mph carries a base fine of $35
• Driving faster than the speed limit by 16 to 25 mph carries a base fine of $70
• Driving faster than the speed limit by 26 mph carries a base of $100

If motorists are driving more than 100 mph, penalties could include:

• A base fine of $500 and 30 day license suspension for a first offense
• A base fine $750 and a maximum six months suspension for a second offense
• A base fine of $1,000 and a one year license suspension for a third offense

Will Points Go on Their Driving Record?

Yes, the speeding driver will receive one point on their driving record if they violate CVC 22350. However, drivers that receive four points over a 12 month period, six points over a 24 month period, or eight points over a 36 month period may be designated “negligent operators”, and have their driver’s licenses suspended.

Is the Driver Negligent for Any Accidents?

If the driver’s speeding contributed to the accident, they can be held accountable for the victim’s damages. However, if the 22350 VC violation did not cause or contribute to the accident, the driver may not be liable for the collision and subsequent financial, physical, or emotional losses.

Can the Ticket Be Challenged in Court?

Yes, some potential defenses to California Vehicle Code 22350 include:

• Driving at excessive speeds due to an emergency
• Unlawful traffic stop
• Arguing the rate of speed was safe and reasonable

Can the Driver Fight a Ticket Even if Radar Was Used?

Absolutely. The speeding driver could attempt to argue that the radar device was inaccurate or that the police officer did not calibrate the device properly, producing inaccurate results.

Laws Related to Vehicle Code 22350 VC

There are several crimes and infractions related to 22350 VC. If the driver that hit you is cited or charged with any of the following offenses, we can use these additional charges as evidence to support your case:

• Violations of California’s minimum speed laws under CVC 22400
• Reckless driving which is considered a wobbler offense, meaning it could be charged as a misdemeanor or felony under CVC 23103
• Sentencing enhancements under California Vehicle Code 23582 including driving under the influence of drugs and alcohol and sustaining excessive speeds

California Vehicle Code 22350 FAQs

You may have many unanswered questions about how California Vehicle Code 22350 CVC: California’s basic speed law could impact the outcome of your personal injury lawsuit against the speeding driver. We want you to feel confident fighting for your right to maximum compensation.

For this reason, we have compiled this comprehensive FAQ that discusses some of the top questions related to CVC 22350. If you have additional questions or concerns we do not cover here, do not hesitate to connect with our legal team to discuss your individual circumstances during a free consultation.