# What if the other driver was speeding? Canonical: https://californiapersonalinjurylaws.com/guides/speeding-crash/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer Unsafe speed can help show a lack of care. A driver may be going too fast for conditions even below the posted limit. ## Hypothetical example A driver travels at the posted speed through thick fog but cannot stop for traffic ahead. ## How the rule works The basic speed law considers conditions, not just the posted sign. Rain, fog, traffic, and the road can make a lower speed unsafe. You still need to show how speed caused harm. ## What can change the answer You still need to connect the speed to the crash and harm. A speed estimate may need support. ## A useful next step Preserve video, witness details, road conditions, and available vehicle data. ## Court decisions behind this answer ### Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764, slip op., pp. 1–3. The court rejected a broad no-duty rule for a truck stopped beside a freeway. Drivers still had to use ordinary care. Limit: It did not hold that every roadside stop is careless. The facts matter when deciding breach and cause. Source: https://law.justia.com/cases/california/supreme-court/2011/s178799/ ### Alarid v. Vanier (1958) 50 Cal.2d 617, pp. 621–624. A broken safety law could lead to a starting assumption of fault. The court said proof of a valid excuse could overcome it. Limit: The case predates shared-fault rules. Read today’s statutes and instructions with the case. Source: https://law.justia.com/cases/california/supreme-court/2d/50/617.html ## Sources - [Vehicle Code § 22350 — Basic speed law](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=22350.) - [CACI No. 400–401 — Negligence and the standard of care (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf) - [Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764](https://law.justia.com/cases/california/supreme-court/2011/s178799/) - [Alarid v. Vanier (1958) 50 Cal.2d 617](https://law.justia.com/cases/california/supreme-court/2d/50/617.html) General information, not legal advice.