In Wisconsin speeding is often the cause of accidents. The Milwaukee Journal Sentinel reported on 9/23/16 that “In the 12 months following Wisconsin’s switch to 70 mph on interstate highways starting in June 2015, fatalities rose 37% on the interstate, injuries increased by 11% and the total number of accidents rose 12%. In that time 10 more people died, 208 more were injured and 1,057 more accidents were reported than the previous 12 months on interstate roads.”
Wisconsin’s civil jury instructions address speeding:
1285 SPEED: REASONABLE AND PRUDENT; REDUCED SPEED
A safety statute provides that no person shall drive a vehicle at a speed greater than is reasonable and prudent under existing conditions and having regard for actual and potential hazards. This statute requires that a driver in hazardous circumstances use ordinary care to regulate the vehicle’s rate of speed to avoid colliding with any object, person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and using due care.
The statute also provides that a driver must drive at an appropriate reduced speed when approaching and crossing an intersection, a railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, when passing school children or highway construction or maintenance workers, other pedestrians, when special hazards exist with regard to other traffic or by reason of weather or highway conditions.
Appropriate reduced speed means less than the otherwise lawful speed. An appropriate reduced speed is that speed at which a person of ordinary intelligence and prudence would drive under the same or similar circumstances.
1290 SPEED: FIXED LIMITS
A safety statute provides that no person shall drive a vehicle at a speed in excess of the posted limit; any speed in excess of that limit would be negligent speed regardless of other conditions.
It is for the jury to determine whether a driver’s speed was over this limit and, if under, whether it was nevertheless a negligent speed under the conditions and circumstances then present and under the rules of law given to you by these instructions.
1295 SPEED: SPECIAL RESTRICTIONS CERTAIN VEHICLES
A statute further provides that in addition to complying with other speed restrictions imposed by law, no person shall drive a certain vehicle like the defendant was driving in excess of certain miles per hour.
It is for the jury to determine whether the driver’s speed was over this limit and, if under, whether it was nevertheless a negligent speed under the conditions and circumstances then present.
McCormick Law Office attorneys in Milwaukee, Wisconsin obtain settlements for medical bills, lost wages, pain and suffering caused by speeding drivers.
