The most common citation on most car collision cases has to be violation of California Vehicle Code Section 22350. The Code basically says a California driver is not allowed to drive too fast for traffic conditions. This means a driver always has to obey the speed limit, but if it is raining and the dangers on the roadway dictate a lower speed, say 50 mph, then that is considered the safe speed for traffic conditions. Drivers must use common sense giving their environment. Obviously, if there is construction, then that would be another consideration in order to lower your speed.
However, violating the speed laws is the most common reason why a preventable car collision occurs. I have taken numerous law enforcement depositions and they all tell me that this is a very common citation and cause for a car colllision occurring. The entire reason for having this rule is prevent injury on the roadway. And, the "Rule of Reciprocity" is alive and well with it. Think about it logically. We all depend on other drivers to drive safely and obey the speed laws. Likewise, those same people depend us to do the same. Therefore, California Vehicle Code Section 22350 is very important safety traffic rule.
There are NO exceptions to a safety rule, otherwise it would not be a safety rule. Part of my job is to enforce the safe driving rule(s) against the at-fault driver. The defense is going to try to spend a lot of time on you (was there a delay in medical care, did you over treat, were you driving correctly, etc.) As your personal injury attorney, I am going to spend a lot of time on the wrongful act of the at-fault driver or the person that produced in the injury to my client. If it is a car collision case, and they violated California Vehicle Code Section 22350, I am going to find out why? Obviously they were distracted, but the real question is, what caused the distraction? Were they texting? Were they not getting enough sleep? Were they messing with their radio? Were they reaching for something? One time I had an at-fault driver cause a car collision because he was putting out a cigarette. The bottomline is, whenever someone is driving distracted, they are not only putting you in danger, but everyone else who is on the roadway. These are important facts to bring in when going to trial so the jury can have a foundation on the harms and losses were caused.
The speed causing collisions are 100% preventable by making safe and mature choices when a person is driving. We want jurors to care about these rules because it is important to the community that we all obey them 24/7. I hope this gives you some insight into what I see everyday in police reports when it comes to car collisions, and why the laws to prevent them are so important.
Stay strong, Attorney Mark
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