Exceeding the Posted Speed Limit
Yes. In Virginia, operating a motor vehicle over the posted speed limit is considered negligence as a matter of law.
However, Virginia law also considers a driver negligent if they operate their vehicle at an excessive speed under the existing circumstances, even if the drivedriver’sd is less than the posted speed limit.
An example of a driver operating their vehicle at a speed excessive for the circumstances might involve driving 50 miles per hour in a 55-mile-per-hour zone during heavy fog.
The driver in this hypothetical scenario could be considered negligent for operating their vehicle at such a high rate of speed, even though they were traveling under the speed limit, because heavy fog limits visibility and requires heightened precaution.
A jury hearing a personal injury case arising out of this hypothetical scenario could conclude that traveling 50 miles per hour in heavy fog was excessive under the circumstances, meaning the hypothetical driver could be held liable for injuries sustained by persons injured in a car accident with the hypothetical driver.
Additionally, if the hypothetical driver wanted to make his or her injury claim against another negligent driver, the hypothetical driver could have his or her injury claim barred by the doctrine of contributory negligence if the jury were to determine that the hypothetical driver’s excessive speed under the circumstances contributed to the accident that led to the hypothetical driver’s injuries.
Contact one of our personal injury lawyers in Virginia Beach.
Questions of excessive speed under the existing circumstances are specific to the facts of the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach.
Such experienced personal injury lawyers can assess whether the circumstances of the accident required drivers to operate their vehicles at a speed below the posted speed limit and whether there is a basis for a defendant to raise a contributory negligence defense.
As in all personal injury cases, personal injury lawyers can also advise the injured person as to the value of the injury claim, can guide the injured person through the process of making a claim with the applicable insurance company or companies, and can represent the injured person in the litigation of the personal injury claim, if a personal injury lawsuit becomes necessary.
Related Injury Law FAQ’s
Contributory negligence doctrine in Virginia.
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At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
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# Exceeding the Posted Speed Limit