Determining fault in a car accident in Naples can be a difficult proposition given the lack of enthusiasm most have in admitting to causing a collision. Many fear that if they admit that it was their fault an accident occurred, they could face criminal penalties and/or their insurance rates could go up. So how are you to show that the other driver was at fault in your accident?
One of the simplest methods of assigning liability in a car accident may be determining if the other driver was speeding. Many may claim that they were not exceeding the speed limit, yet simply because they were not driving faster than the posted signs permitted does not necessarily mean that they were not going too fast.
Indeed. according to Section 316.183(1) of the Florida state statutes, drivers on the state's highways are not to drive at a speed higher than is reasonable and prudent under the given conditions. The law also requires every driver to have regard for any actual or potential hazards that may exist on the road. Say, for example, that you are out driving on a rainy day, and a driver traveling at a high speed loses control and hits you. An argument may be made that according to the terms of this statute, he or she was in violation of the state's speed limit laws.
Another response drivers may give to accusations of speeding may be that no speed limit was posted. Florida law imposes the following implied speed limits in different designated areas:
- Business and residential districts: 30 mph
- Four-lane highways and interstates: No less than 40 mph (50 when the posted speed limit is 70 mph)
- All other areas: 55 mph
Cities and municipalities can choose to lower the implied limit in business and residential areas to 25 mph if they so choose.