California Personal Injury Blog

California Speed Limit Laws

By Ralph Curtis
Feb 06, 2024
Auto Accidents
california-speed-limit

We know many people are confused by California’s Speed Limit laws. Our Curtis Legal car accident lawyers deal with speeding related accidents on a regular basis.

That’s why in this blog post we explain:

Let’s begin.

California’s Basic Speed Law

Vehicle Code 22350 is commonly known as California’s “basic speeding law.” It is the law requiring drivers to operate their vehicles at reasonable, safe speeds under normal conditions. However, the meaning of “safe” and “reasonable” can change with driving conditions. Rain, rush-hour traffic, or changes in road conditions may all be valid reasons to reduce speed.

Under the basic speeding law, drivers must adjust their speeds based on these and other conditions:

  • The presence of pedestrians or bicyclists
  • The presence of animals
  • Proximity to railroad crossing
  • Slippery or wet road surfaces
  • Reduced visibility, such as from fog, smog, smoke, other natural conditions, or other view obstructions
  • Sun glare, excessive sunlight, or the presence of other bright lights
  • Traffic congestion

Here’s what the basic speeding law comes down to:

Drivers must make necessary speed adjustments when traveling in all conditions. Whether in crowded city areas, business districts, residential streets, remote and rural areas, or when driving over a hill.

For example: Drivers must be aware that driving at 65 mph on a freeway may be allowable on a clear morning, but would be a violation of the law in other conditions. 

Prima Facie Speed Limits (Vehicle Code 22352)

California also has prima facie speed limits. These “presumed” limits are established in Vehicle Code 22352. Under this law, unless otherwise posted, drivers must obey the prima facie speed limits. Driving over the limit in prima facie areas does not come with an automatic violation.

Railroad Crossing Limits

15 mph at railroad crossings.

Residential Speeding Limits

25 mph in residential and business districts. 15mph while driving through alleys.

School Zone Limits and Senior Center Limits

25mph “when approaching or passing a school building or grounds,” or when “passing a senior center or another facility primarily used by senior citizens”

Prima facie limits are “presumed” but not automatic violations. A driver can argue that going slightly over was still safe under the circumstances, but the burden shifts. Understanding California right of way rules is also critical in these situations, as failing to yield at crossings and intersections is a leading cause of serious accidents.

California’s Minimum Speed Limit Laws

Too-slow drivers can cause those around them to have to slam on their brakes, swerve to avoid a collision, and create questions about who is at fault in a rear-end accident.

California’s minimum speed limit laws work to prevent these situations, specifically through Vehicle Code 22400, included in California’s “other speed laws.”

This law states drivers cannot drive so slowly that they block or slow the regular flow of traffic.

The reduced speed is only allowed if it is necessary for safely operating the vehicle, navigating the road grade, or complying with the law. The minimum speed law also prohibits drivers from stopping on a highway unless they need to in order to safely operate the vehicle or to comply with the law.

Determining whether a driver’s speed is so slow as to incur a violation requires consideration of the specific circumstances, including:

  • The maximum speed limit, as posted
  • Weather conditions
  • Traffic conditions
  • Roadway and driving conditions
  • The number of lanes on the highway
  • The time of day
Example: Driving 40 mph on a 65 mph freeway in clear conditions with no hazards could be a violation of §22400 if it blocks traffic flow.

Absolute Speed Limit (Vehicle Code 22356)

When drivers break absolute speed limits, they automatically violate speed limit laws. Absolute speed limits prohibit drivers from operating their vehicles at speeds higher than those permitted by law.

Freeway and Highway Speed Limits

Under Vehicle Code 22356, California’s freeway and highway drivers must obey the following speed limits:

  • 70 miles per hour (mph) on freeways marked with this rate.
  • 65 mph on freeways or other highways not marked with the 70 mph limit.
  • 55 mph on undivided highways with two lanes unless these highways have higher speed limits posted.

Drivers exceeding these limits are automatically recognized as speeding and in violation of the vehicle code under these “absolute” limits.

Construction Zone Speed Limits (Vehicle Code 22362)

It is also illegal for drivers to speed in construction zones under Vehicle Code 22362. Often construction zones have specific speed limits posted, sometimes as low as 25 mph. If drivers exceed the limit within 400 feet of a construction zone, they can be charged with a violation of this code.

Absolute limits = strict liability. If you drive 71 in a 70 zone, you are legally speeding.

Injured in a Speeding Accident?

When someone else violates a speeding law and leaves you or someone you love injured or killed, you deserve serious compensation. The car accident lawyers Modesto Curtis Legal Group are “Heavy Hitters™” and will fight tirelessly to get you the financial and emotional justice you need to recover and move forward. Call or send a message to set up a free consultation with an experienced, compassionate, and bold attorney who will manage your case with skill from start to finish.

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