Believe it or not, many automobile drivers feel that a speed limit means that they have the right to drive their vehicle at, near, or above the posted legal limit, regardless of the road conditions.  Western New York drivers who take a more responsible view recognize that a speed appropriate in the middle of July may not be suitable in January. 

When drivers fail to adjust their speed to weather and road conditions, they are driving not only without common sense, but also violate New York law.  Under New York State Vehicle and Traffic Law §1180(a), those driving their vehicles in New York State are obligated to adjust their speed to the road conditions and shall not operate at a speed that is excessive under the circumstances.

Oftentimes, those who fail to adjust their speed to the road conditions will find themselves spinning out of control or sliding through red lights and stop signs.  It is no defense for them to say, "The road was slippery; it was not my fault."  All of us are required to be aware of slippery road conditions and to adjust our speed accordingly.  Adjusting one's driving to the road conditions means that we must not only adjust our speed as we travel down a roadway, but we must also recognize that our stopping times may be different on slippery roads than on dry roads. 

Accordingly, when approaching a stop sign or red light, it is required that the operator be aware of the likelihood of needing more stopping time when the roads are slippery and therefore, preparing to brake earlier.  Serious accidents frequently occur when careless drivers fail to adjust their speed and driving habits to the road conditions.  It is important to remember that a motorist may be ticketed for operating his or her vehicle at an unsafe speed, even if it is below the posted speed limit. 

When we represent our clients in serious motor vehicle accidents, we use various investigative and engineering methods to demonstrate the speed of a negligent driver's vehicle prior to the motor vehicle accident.  This is particularly important in so-called "crossover accidents," where one vehicle leaves its lane of traffic and crosses over into oncoming vehicles.  By preparing our cases in this manner, we are able to establish that the individual who caused the accident was not operating their vehicle at an appropriate speed under the existing road conditions.