My question is in regards to the minimum speed limit.
If the speed limit is 75mph, and the minimum limit is fifty five mph, are you at fault if you were to be rear ended doing 50mph.
California does not have a 75 MPH speed limit - the highest you will find is 70 MPH. When that is the case, 55 MPH is not always the "minimum" limit (see 22400 below) - though that generally IS the maximum limit for trucks and vehicles with trailers.
22406. No person may drive any of the following vehicles on a
highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or
any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A schoolbus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.
Generally, you would not be "at fault" for doing 50 and getting rear-ended. The slow speed might be what we refer to as an "associated factor" but it should not be the "cause" of the collision.
The minimum speed law is as thus:
22400. (a) No person shall drive upon a highway at such a slow
speed as to impede or block the normal and reasonable movement of
traffic unless the reduced speed is necessary for safe operation,
because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway
so as to impede or block the normal and reasonable movement of
traffic unless the stop is necessary for safe operation or in
compliance with law.
(b) Whenever the Department of Transportation determines on the
basis of an engineering and traffic survey that slow speeds on any
part of a state highway consistently impede the normal and reasonable
movement of traffic, the department may determine and declare a
minimum speed limit below which no person shall drive a vehicle,
except when necessary for safe operation or in compliance with law,
when appropriate signs giving notice thereof are erected along the
part of the highway for which a minimum speed limit is established.
Subdivision (b) of this section shall apply only to vehicles
subject to registration.
I wonder if an insurance company would have legal grounds to say the person rear ended shares part of the liabilty because they were driving below the post minimum?
An insurance company can make a decision based upon whatever they wish. They are not bound by any police report, and do not have to adhere to the findings of the police as to the determination of fault.
- Carl
