The posted speed limit is the 'maximum' speed limit under 'ideal' conditions. If the prevailing conditions change such that a lessor speed would be regarded as safe for the current road conditions, then the motorist would be required to comply in a reasonable manner so as to not pose a risk to himself and others. For example, would you consider it reasonable and legal to drive 80kph in a 80kph speed zone, but where it was heavily raining and the road was awash in water? Short answer is no, and this would qualify as reckless driving. And the same could be said if the motorist was driving at the maximum speed limit if the conditions were dark, where there was a conspicious presence of intoxicated persons meandering across the street in an area where bars can be found. The maximum posted speed is not carved in stone. I believe in this case, that both parties should share liability, and contributory damages awarded in a civil case if either party (or the insurance carrier) litigated.

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Cheers,

Dan
Founder and CEO

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