In a California personal injury case involving a driver speeding through a residential area, the speeding driver is likely to be found negligent, especially if their excessive speed caused or contributed to an accident involving another vehicle, pedestrian, bicyclist, or property.
🚦 Legal Basis for Liability
- California Vehicle Code § 22352 & § 22350 – Basic Speed Law
- § 22352 sets a default speed limit of 25 mph in residential areas unless otherwise posted.
- § 22350 (California’s Basic Speed Law) prohibits driving “at a speed greater than is reasonable or prudent.”
- A driver exceeding these limits in a neighborhood can be cited and found negligent per se if the speeding led to an injury.
- Negligence Per Se
- If the driver violated a traffic law intended to prevent the kind of harm that occurred (e.g., hitting a pedestrian or another vehicle due to speeding), that violation can automatically establish breach of duty in a civil case.
💼 Types of Damages You Can Recover
If you were injured due to a speeding driver in a residential area, you may be entitled to:
- Medical bills (past and future)
- Pain and suffering
- Lost income and reduced earning capacity
- Property damage
🧾 Key Evidence to Support Your Case
- Police report documenting the driver’s speed or citation
- Eyewitness testimony from neighbors or bystanders
- Surveillance or doorbell camera footage (common in residential areas)
- Accident reconstruction expert analysis
- Skid marks or vehicle damage analysis
- Medical records showing the extent of your injuries
✅ What to Do Next
- Get medical attention immediately
- File a police report and request a copy
- Gather evidence (photos, videos, witnesses)
- Do not speak to the at-fault driver’s insurance without legal advice
- Contact a personal injury attorney to help file a claim or lawsuit
Law Offices of James R. Dickinson – 909-848-8448
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