What happens when an accident is caused by someone driving too fast for road conditions?

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Speed limits are set based on general road conditions, but drivers are expected to use good judgment and slow down as necessary. When someone is traveling too fast for road conditions, they can be found at fault for any accident that occurs. Louisiana Car Accident Lawyer Neblett, Beard and Arsenault

Road Conditions That Require Caution

A wide range of road conditions may require you to drive under the posted speed limit.

Drivers may need to slow down for:

  • Heavy traffic
  • Unusual traffic patterns such as traffic from a funeral procession
  • Sharp curves
  • Road work areas
  • Uneven roads
  • Loose paving such as gravel
  • Poor visibility due to fog or mist
  • Wet roadways

There is no firm guideline to help you determine how fast is too fast for given road conditions. You must consider the condition of your vehicle and whether you could stop in time to prevent an accident. At 70 miles per hour, your stopping distance is about 315 feet in a passenger car. At 60 miles per hour, the distance decreases to 240 feet. Slow down to 50 miles per hour, and you can stop in 174 feet.

Determining Liability After an Accident

After an accident occurs, law enforcement officers will evaluate the scene and interview witnesses to determine fault. Anyone who is driving too fast for road conditions can be cited under LA Rev Stat § 32:64, which states: “No person shall drive a vehicle on the highway within this state at a speed greater than is reasonable and prudent under the conditions and potential hazards then existing, having due regard for the traffic on, and the surface and width of, the highway, and the condition of the weather, and in no event at a speed in excess of the maximum speeds established by this Chapter or regulation of the department made pursuant thereto.”

Drivers who are at fault are responsible for the property damage, medical expenses, lost wages, and pain and suffering incurred by others. If you are determined to be partially at fault for an accident, you can still seek compensation. However, your settlement will be proportionately reduced by your percentage of fault to reflect your role in causing your damages.

Have You Been Injured In A Louisiana Car Accident?

If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

 

William S. Neblett
Attorney William Neblett practices personal injury, maritme, medical malpractice and nursing home abuse law.