Can I Sue a Driver if They Were Driving Too Fast for Conditions in Florida?
Speeding is a significant safety hazard. When people think of speeding, they often think of going over the posted speed limit. However, speeding does not only mean going over the posted speed limits. It can be considered speeding if a person is going too fast for the road, traffic, or weather conditions. When a driver fails to reduce their speed to a safe level for existing conditions, it can lead to an accident. If you’re injured in an accident and believe the other driver was driving too fast for the conditions, you can seek compensation for your injuries and damages from them.
What Does Florida Law Say About Driving Too Fast for Conditions?
As in many other states, Florida law requires drivers to adjust their speed to match road, weather, and traffic conditions. According to Florida Statutes 316.183, drivers are prohibited from going at a speed greater than is reasonable and prudent for the conditions. The law requires motorists to adjust their speed based on the “actual and potential” hazards. Florida drivers have a responsibility to control their speed as may be necessary to avoid accidents. Breaking this law is a noncriminal traffic violation.
Drivers should note that even when technically within the speed limit, they may still be violating this law if they go faster than what is safe for the driving conditions.
What Are Hazardous Driving Conditions?
Hazardous driving conditions are situations that make it harder to drive safely. These driving conditions require drivers to be extra careful, typically by driving below the posted limits and at the speed best suited for the situation. The following are some common hazardous driving conditions;
- Adverse Weather: Weather conditions like rain and fog can create dangerous driving conditions, such as wet/slippery roads and limited visibility. Wet/slippery roads increase the risk of hydroplaning or motorists losing control, whereas low visibility can make it difficult to see other vehicles or obstacles.
- Heavy Traffic: Driving too fast in heavy traffic can reduce a driver’s reaction time and make it hard for them to stop on time in case of anything.
- Construction Zones: Uneven surfaces, workers on or near the road, and lane shifts make driving through construction zones challenging and require lower speeds to ensure safety.
- Pedestrian Crossings: Drivers should slow down when driving through school zones, residential neighborhoods, and other areas where pedestrians frequently cross.
- Blind or Sharp Curves: Drivers should be cautious when navigating blind or sharp curves. Slowing down on blind and sharp curves allows motorists to react to unexpected obstacles, oncoming traffic, and changes in road conditions and maintain control.
Proving the Other Driver Was Driving Too Fast for the Conditions
Gathering strong evidence is key to proving the other driver was driving too fast for conditions. Here are some types of evidence that can help;
- Witness statements
- The police report
- Traffic camera footage
- Accident scene photos
- Expert testimony
A qualified attorney can help you gather the necessary evidence and prepare a strong case.
Our Miami Personal Injury Attorneys Can Help
Our Miami personal injury attorneys at The Pendas Law Firm know what evidence to look for and how to use it to support your claim. Contact us today to schedule a consultation and discuss your case.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Jacksonville, Fort Myers, Fort Lauderdale, Daytona Beach, Bradenton, West Palm Beach, Naples, and Melbourne areas.
Source:
flsenate.gov/Laws/Statutes/2024/0316.183
