CACI No. 708. Maximum Speed Limit (Veh. Code, §§ 22349, 22356)

Judicial Council of California Civil Jury Instructions (2023 edition)

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708.Maximum Speed Limit (Veh. Code, §§ 22349, 22356)
The maximum speed limit where the accident occurred was [insert
number] miles per hour.
New September 2003
Directions for Use
An instruction on maximum speed limits could be useful to help frame the issue for
the jury. On the other hand, a specific instruction on the maximum speed limits may
be unnecessary. In the event that there is sufficient evidence to support an
instruction that one of the parties violated the maximum speed limit, the judge could
give the negligence per se instructions while reciting the specific code section. In
that event, the judge would not give an instruction on the basic speed law. (See
Hargrave v. Winquist (1982) 134 Cal.App.3d 916 [185 Cal.Rptr. 30].)
Sources and Authority
• General Maximum Speed is 65 Miles Per Hour. Vehicle Code section 22349(a).
• Basic Maximum Speed for Two-Lane Undivided Highways is 55 Miles Per
Hour. Vehicle Code section 22349(b).
• Maximum Speed at Selected Locations is 70 Miles Per Hour. Vehicle Code
section 22356.
• Driving Too Slowly. Vehicle Code section 22400(a).
Secondary Sources
6 Witkin, Summary of California Law (11th ed. 2017) Torts, § 1009
California Tort Guide (Cont.Ed.Bar 3d ed.) § 4.17
2 Levy et al., California Torts, Ch. 20, Motor Vehicles, § 20.63[2][b], [4][b][iii]
(Matthew Bender)
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