In California, high-speed driving in low-visibility conditions—such as fog—can lead to severe multi-vehicle collisions, resulting in serious injuries or fatalities. These incidents often involve chain-reaction crashes where drivers fail to adjust their speed to match road conditions, leading to negligence claims in personal injury cases.
⚖️ Legal Considerations: High-Speed Driving in Low-Visibility Conditions
1. Violation of California Vehicle Code § 22350 – Basic Speed Law
This law mandates that drivers adjust their speed to be reasonable and prudent given the conditions, including weather and visibility. Driving at high speeds in fog or other low-visibility conditions can constitute negligent driving, making the driver liable for any resulting accidents.
2. Rear-End Collision Presumption
In rear-end collisions, the following driver is typically presumed at fault. However, this presumption can be rebutted if the lead vehicle suddenly stopped or was driving erratically in low-visibility conditions.
3. Comparative Fault
California follows a pure comparative negligence system, meaning each party can be assigned a percentage of fault. Even if a driver is partially at fault, they can still recover damages, though the amount will be reduced by their percentage of fault.
📄 Key Evidence in Low-Visibility Collision Cases
- Police reports documenting road conditions and contributing factors
- Weather reports confirming fog or other low-visibility conditions
- Dashcam footage or surveillance videos showing driving behavior
- Eyewitness statements detailing the events leading up to the collision
- Accident reconstruction expert testimony to establish causation and fault
💰 Recoverable Damages
Victims of accidents caused by high-speed driving in low-visibility conditions may be entitled to:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Emotional distress
⏳ Statute of Limitations
- 2 years for personal injury claims (Cal. Civ. Proc. Code § 335.1)
- 6 months for claims against a government entity (e.g., Caltrans)
✅ Steps to Take After a Low-Visibility Collision
- Call 911 and seek medical attention immediately.
- Document the scene with photos and videos, if possible.
- Obtain contact information from witnesses.
- File a police report and request a copy for your records.
- Consult a personal injury attorney to discuss your case and potential claims.
Law Offices of James R. Dickinson – 909-848-8448
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