Speeding Car Accidents
After a car accident causing personal injury, it is important to determine who caused the crash. When one driver is negligent in causing the accident, the injured parties can receive money damages in a personal injury lawsuit. For any personal injury case in Iowa, showing negligence is important. The fact that the driver was speeding is often a way to show negligence.
In many personal injury cases after a car accident, the rules of the road in Iowa will play a major role in proving which driver caused the accident. It is important to remember that absent a legal excuse, any violation of the statutory rules of the road or ordinances will constitute negligence per se as a matter of law.
When a violation of a statutory provision is negligence, the rule should be clearly applied to the record at trial. A finding that speeding caused a car accident will play a major role in how the case is resolved.
Attorneys for Car Accidents with Speeding in Des Moines, Iowa
When one person is speeding, it can also dramatically increase the damages and injuries that occur as a result of the crash. If you were injured in a car accident because of the negligence of another person who violated speed restrictions, then contact an experienced personal injury attorney in Des Moines, Iowa.
If your personal injury case involves an allegation that one of the drivers was speeding above the posted speed limit, then contact an experienced personal injury attorney to discuss your car accident case. Find out more about the rules for negligence per se impact the way a personal injury case is resolved after a motor vehicle accident.
Call (515) 279-9700 today.
Types of Speeding Violations in Car Accident Cases
The most common reasons for a car accident involving death or serious bodily injury involve violations of speed restrictions including:
- Using the Reasonable and Proper Speed
- The Duty To Use Ordinary Care Where Conditions Require Less Than Statutory Speed Limits
- Speeding In Excess Of Statutory Limits
- Assured Clear Distance Ahead
- Speeding on Interstate And Comparable Highways
- Truck Speed Limits
- Bus Speed Limits
- Maintaining Control of a Vehicle under Common Law
- Maintaining Control of a Vehicle under Statute
Negligence Per Se for Speeding in Iowa
Iowa law requires that any person driving a vehicle on a highway must drive at a careful speed not greater than nor less than is reasonable and proper, having due regard for the traffic, surface and width of the highway, and of any other existing conditions.
Under Iowa Code section 321.285, if a driver violates this provision of Iowa law by speeding, then the speeding violation will be considered negligence in a personal injury case involving an automobile accident.
In a personal injury involving speeding on a roadway, the court will consider Iowa Code section 321.294 relating to minimum speed regulation.
Speeding in Excess of Statutory Limits
When the personal injury case involves speeding in excess of the statutory limits, the jury is instructed that:
"At the time and place, and with the motor vehicle involved in this case, any speed over ___________* miles per hour was unlawful. A violation of this law is negligence.”
This jury instruction regarding personal injury cases that result when one driver is speeding in excess of the statutory limits is set out in Iowa Code section 321.285 The speed that is inserted in the standard jury instruction depends on the district in which the speeding violation occurred. For instance, Iowa law provides for the following statutory speeding limits:
- Business District - 20 miles per hour.
- Residence District - 25 miles per hour.
- School District - 25 miles per hour.
- Towing Vehicle - 40 or 55 miles per hour, depending on nature of towed.
- Suburban District - 45 miles per hour.
- Rural District - 55 miles per hour from sunset to sunrise, 55 miles per hour from sunrise to sunset.
- Fully controlled access, divided, multi-laned highways including interstate highways - urban 55 miles per hour if posted - rural 65 miles per hour.
Iowa Code section 321.285(5) lists the exceptions that apply to the rule that the maximum speed is 50 miles per hour on secondary roads not surfaced with concrete or asphalt or as posted by appropriate signs.
Iowa Code section 321.285(6) explains that the 65 mile per hour speed limit on some highways including interstate highways.
Finding a Car Accident Lawyer for Speeding in Polk County, Iowa
If one of the drivers in your car accident case allegedly drove faster than the posted speed limit, then contact an experienced personal injury lawyer in Des Moines, Iowa, to find out how this factor will influence how much your case is worth. We represent drivers and passengers injured in a car accident due to the negligence of another, including when the other driver was speeding.
Call (515) 279-9700 to discuss your case today.
This article was last updated on Monday, July 10, 2017.