The Duty to Drive at a Reasonable Speed
A driver’s duty to exercise due care while operating a motor vehicle on a Tennessee road or highway encompasses a wide array of more specific duties. One such duty is the driver’s responsibility to drive at a reasonable speed under the circumstances to help prevent a car accident in Tennessee from occurring.
A speed limit—whether posted or not—is strong evidence of the standard of care owed to others, but it is not conclusive. The standard of care owed is based on the reasonableness of the driver’s behavior under all circumstances. Just because the speed limit says 65 mph does not mean that it is reasonable to drive 65 mph during inclement weather conditions. Severe weather conditions requiring drivers to adjust speed include rain, snow and presence of “black ice”. Sun glare, traffic congestion and presence of pedestrians may also require drivers to reduce their speed.
This duty of due care, in fact, is enshrined in Tennessee’s rules of the road. TCA 55-8-136 reads:
“Notwithstanding any speed limit or zone in effect at the time…every driver of a motor vehicle shall exercise due care to avoid colliding with any other motor vehicle…by devoting full time and attention to operating the motor vehicle, under the existing circumstances to avoid endangering life, limb or property.”
The care in which a driver must operate her vehicle is a function of road/environmental conditions, speed and control. For the operation to be reasonable, the driver’s particular speed must have allowed the driver to be able to slow down or stop quickly, given the weather or other road condition. Stated another way, the driver must operate the vehicle at such a speed that gives him sufficient control to avoid reasonably foreseeable accidents.
If you or a loved one has been injured in a Tennessee motor vehicle accident and suspect that the other driver operated his vehicle too fast given the circumstances, you should give one of our experienced MVA attorneys a call to schedule a free case evaluation. Dial 866-853-2888.
