How the Basic Speed Law in Michigan Can Affect Your Car Accident Claim
For Michigan drivers, understanding the relevant Michigan speed limit laws is important for several reasons. Not only is it generally important to know the speed limit at any given time, but knowing how the speed limit applies differently in certain situations is important for any potential car accident claims. The Michigan basic speed law and “absolute limits” are two concepts that could impact your personal injury claim after a crash.
If you were injured due to speeding or someone driving recklessly in busy traffic or unsafe roadway conditions, your attorney could use Michigan’s basic speed law as evidence to support your claim. The attorneys at Lipton Law have extremely in-depth knowledge of Michigan’s traffic laws, and we can help you understand how these laws may affect your claim.
To schedule a free consultation with our Michigan car accident attorneys, please call our office at (248) 557-1688 today.
What Is Michigan’s Speed Limit Law?
Michigan’s vehicle code basically has two main types of speeding laws, including the basic speed law and absolute speed limits. The specific law that outlines Michigan’s speed limit law is MCL § 257.627.
What Is the Basic Speed Law in Michigan?
Section 257.627 of the Michigan Vehicle Code outlines the basic speed law in Michigan. This law states:
“A person shall drive a vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and if any other special hazard exists at the time. An individual shall not operate a vehicle on a highway at a speed greater than that which will permit a stop within the assured, clear distance ahead.”
What Is Considered a Safe Speed?
What courts consider a safe or reasonable speed depends on the circumstances. For example, following the posted speed limit of 60 mph would be a prudent speed on a clear, sunny day. However, in harsh weather conditions, such as wind and rain, a slower speed would be considered safer.
In fact, still driving 60 mph on a highway in dangerous weather could be considered a violation of the basic speed law. Even if a driver wasn’t exceeding the posted speed limit, they violated the basic speed law by driving too fast for the weather conditions. If the driver were to cause an accident in this situation, they could face serious consequences. This can also apply if someone was driving too fast on a narrow or winding roadway.
Speed Limits in Michigan Based on Location
Michigan law has set maximum speed limits for certain areas. Such speed limits are enforced to ensure the safety of all drivers and passengers. Depending on what kind of road or highway one drives on, such as two-lane undivided highways or other highways, the maximum speed may vary. Speeding above these limits qualifies as reckless or unlawful driving. In the following sections, we outline Michigan’s absolute (maximum) speed limits based on location.
What Is the Maximum Speed Limit on Highways in Michigan?
The maximum speed limit on highways in Michigan depends on the type of highway. A maximum speed limit of 70 mph applies to freeways with no specific posted limit. Similarly, county highways with no posted speed limit are subject to a maximum limit of 55 mph.
What Is the Speed Limit in a Residential Area in Michigan?
In Michigan residential districts, the maximum speed limit is 25 mph. This is considered a reasonable speed for ensuring the safety of pedestrians and other drivers. Speeding in a residential area could result in serious penalties, as this would violate the prima facie limits and risk the safety of others. Lipton’s pedestrian accident lawyers in Michigan assist victims injured due to reckless driving in residential areas.
What If There Is No Posted Speed Limit?
If there is no posted speed limit, drivers must adhere to the statutory speed limits, also known as “prima facie” speed limits. This means that drivers must adjust their speed depending on where they are. For example, if they are driving in a business or residential district, they cannot exceed 25 mph. However, on trucklines and county highways, they can drive up to 55 mph.
County and Truck-Line Roads
Unless otherwise posted, the maximum speed limit for county and truck-line highways is 55 mph. It’s important to be aware of the road conditions on highways. If the roads are slick from rain or visibility is low from fog, it’s a good idea to slow down. Keeping a high speed in dangerous conditions could be considered negligent.
Getting involved in an accident on a truck line road or highway can be especially devastating due to both the high speeds of travel and the size of commercial trucks. Call Lipton Law today to learn how our Michigan truck accident lawyers can help you recover damages for truck accident injuries.
Business Districts and Parks
In a business district in Michigan, the maximum speed limit is 25 mph. This is the same limit as for residential districts. Public parks also have a max speed limit of 25 mph. If there are railroad crossings in the area, it’s important to slow down as you approach. Drivers should never go over a railroad crossing too quickly or too slowly.
Construction Zones
In construction zones, the maximum speed limit is 45 mph unless a different speed limit is posted for that work zone. There are many actual and potential hazards in construction zones. Examples of these hazards include an uneven road surface, inclement weather, or highway conditions, such as having lanes blocked off. If someone were to speed in a construction zone, this could be considered reckless driving. However, if you were injured due to dangerous road conditions without going over the speed limit, you may have grounds for a lawsuit. Call Lipton’s dangerous road accident attorneys in Michigan to learn more.
School Zones
In a school zone, all drivers must operate their vehicles at a lower speed, usually at 20 mph less than the regularly posted speed limit. This is because there are children in the area, often crossing the road or being picked up. The safety and visibility of the children are paramount.
School zones should have posted speed limits that apply during certain times of the day. Usually, school zone speed limits apply at least 30 minutes before school starts, for the entire school day, and 30 minutes after school ends. During that time period, if a police officer catches someone speeding in a school zone, they will likely receive a ticket with an enhanced fine.
Lipton Law handles school zone accident cases, including accidents involving school buses. Our Michigan school bus accident lawyers work diligently to help our clients seek compensation for injuries and more.
What Is the Minimum Speed Law in Michigan?
Under certain circumstances, drivers are actually responsible for driving at a certain minimum speed. The basic speed law is also in place to ensure that drivers do not impede traffic by driving significantly slower than others around them. Following speeds similar to the vehicles around you is important to keep traffic flowing smoothly without any hazards.
Can You Get a Ticket for Driving Too Slow in Michigan?
Yes, you can get a ticket for driving too slow in Michigan. Imagine a driver on a busy highway going only 20 mph. If the other vehicles in traffic around them are following the posted speed limit of 70 mph, the slow driver is now a potential danger. If a driver causes an accident because they failed to drive faster on a busy highway, they could be held liable for the damage to other vehicles.
Contact the Michigan Car Accident Attorneys at Lipton Law Today
The basic speed law in Michigan isn’t just there to police the roads. It’s also there as a tool to hold drivers accountable should they try to use a posted speed limit as a defense in an injury case. Combine speeding with dangerous road conditions, and you’ve got a recipe for a dangerous situation. If a negligent driver who was driving too fast or too slow caused you injury, you may be able to recover compensation.
To determine if you’re eligible for a claim, please contact the Michigan personal injury lawyers at Lipton Law. With our years of experience successfully litigating personal injury claims in Michigan, we have the skills you need to fight for your rights. Call us today at (248) 557-1688 or use our online contact form to schedule your free consultation.