Here in California, we have something called the Basic Speed Law. It’s found in California Vehicle Code Section 22350, and it says something very simple — but very important:
You must drive at a safe speed for conditions.
My name is Griff Tonkin. I’m a personal injury litigator and one of the partners here at the Arthofer & Tonkin Law Offices. Our firm focuses exclusively on representing people who’ve been injured because of someone else’s negligence.
Today, I want to talk about how the Basic Speed Law applies to something we deal with every winter here in Northern California: driving in bad weather.
The speed limit is not a “permission slip”
A posted speed limit is the maximum under ideal conditions — but that doesn’t mean it’s always safe to drive that fast.
Under the Basic Speed Law, drivers must adjust their speed based on circumstances such as:
- rain or snow
- fog or reduced visibility
- wet, icy, or slippery roads
- heavy traffic or road hazards
In other words, if conditions change, your speed should change too. Driving “at the limit” can still be considered unsafe — and even negligent — if the conditions don’t support it.
Why this matters in personal injury cases
When collisions happen in winter weather, determining liability can get complicated. People often argue that they were “only going the speed limit.”
But under California law, that isn’t the end of the story.
If a driver fails to slow down for weather or road conditions and causes a crash, they may still be responsible — even if they never exceeded the posted limit.
These issues come up frequently when we’re evaluating fault in car accident cases. Speed, weather, roadway conditions, and driver judgment all play important roles.
Safety first — arrive a little later, but much safer
As I’m writing this, it’s mid-October heading into winter. Off-camera today is my youngest son — and like many families, we’ll be on the roads together through the colder months.
I want you and your family to stay safe. Slow down when conditions call for it. Give yourself extra time. Show up five minutes later — but five minutes safer.
Watching your speed in winter driving conditions not only protects you, but it also preserves the strongest possible arguments if you ever need our help after a collision.
Injured in a collision? We’re here to talk.
If you’ve been injured — whether in winter weather or under any other circumstances — and it happened because someone else wasn’t driving safely, we’d be glad to talk with you.
Our consultations are always free. We’ll review your situation, explain your options, and help you decide what to do next.
If you’d like to learn more about personal injury law, these articles may be helpful:
At Arthofer & Tonkin Law Offices, we’re committed to providing clear information, honest guidance, and strong advocacy for every client we represent. If you’d like to discuss your situation, please call us today. We’re here to help.
