Speed limit IS NOT the same as “Maximum Safe Speed”
Car and bicycle crash clients have noted that on the official Police Accident Report, there is are three boxes for speed. There is the box for the “posted speed limit” and the speed at the time of the impact. But there is also a box for “maximum safe speed.” This can be less than the posted speed limit when there is:
- Inclement weather,
- Construction in the road,
- A special event (like a parade, running race or triathlon !),
- Snow or ice on the road surface,
- Sand from washout or a prior accident,
- Some other road defect.
In some cases, even where the Defendant motorist was going the posted speed limit, they can be found liable for their negligence when it exceeds the safe speed under the circumstances. Likewise, an injured Plaintiff can lose their case when their own speed was in excess of the safe speed at the time of the crash. That is why it is important to check the official Police Report before going to the Traffic Court trial or other Hearing in order to make sure the facts are correct. When there are police barriers or cones or construction crews, REDUCE YOUR SPEED.