What Is Arizona Revised Statute (ARS) 28-701A?

February 26, 2020

Speeding causes a large number of car accidents in Arizona every year. It is a leading cause of collisions across the nation. In 2018, almost 9,400 victims lost their lives because of speeding drivers in the U.S. Speeding is so deadly because it increases the velocity at which a collision occurs. More velocity means more force exerted on the vehicle occupants in the crash. A crash happens at the combined speeds of both vehicles. To limit speeding and reduce the number of related crashes, states enforce many related speeding laws.

ARS 28-701A: The Duty Not to Speed

One of the most frequently given citations to drivers in Arizona is a breach of ARS 28-701A, the state’s speeding law. Arizona Revised Statute ARS 28-701A states that no driver may operate a vehicle at a speed higher than what is reasonable and prudent given the circumstances. This includes in consideration of the roadway conditions, any noticeable hazards, and any potential or foreseeable risks. The statute also requires drivers to control the speed of a vehicle as necessary to avoid a crash, as well as within the confines of legal requirements (posted speed limits).

Under ARS 28-701A, speeding does not only mean going over the speed limit. A driver could be guilty of speeding if driving at a speed that a reasonable and prudent person would not have under similar circumstances, even if the driver was obeying the speed limit. If the roads were wet or icy, for example, a prudent person might slow down to 10 miles per hour under the posted limit. A driver that failed to do this and consequently got into an accident may be liable for breaching the state’s speeding statute.

If a driver reasonably could have prevented an accident, such as a rear-end collision, by reducing his or her speed, that driver could be at fault. ARS 28-701A states that a person must control the speed of a vehicle as required to avoid colliding with another vehicle, person or object. By this standard, failing to hit the brakes and reduce one’s speed to avoid an accident is a breach of the law. Therefore, the police can issue citations under ARS 28-701A for rear-end collisions, pedestrian accidents and other impacts as well as for speeding.

What If a Speeding Driver Causes a Car Accident?

Speeding can be deadly. Speeding can make it impossible to reasonably control a vehicle – often resulting in preventable collisions, injuries and deaths. A driver that causes a collision by speeding could be liable, or legally responsible, for victims’ injuries. You may be able to use the negligence per se argument to obtain compensation. Negligence per se means the driver’s breach of the law is enough to prove his or her negligence, without any further evidence necessary. Find out whether you need to prove negligence to win an award with help from an accident lawyer in Phoenix.

Hire an Attorney for Assistance

If you believe the other driver involved in your car accident caused the crash by speeding, you or your personal injury lawyer may need to collect evidence to prove your case. The speeding driver may owe you compensation for your losses and damages. To retrieve compensation, however, you may need to prove the other driver’s fault through clear and convincing evidence.

  • Eyewitness accounts
  • Police reports
  • Speeding tickets
  • Evidence from property damages
  • Crash reconstruction information
  • Photographs/video footage

Your lawyer can help you establish the other driver was driving too fast for conditions or too fast to reasonably control the vehicle, and that this caused your crash. From there, your lawyer can help you argue for just compensation from the at-fault driver for your damages. The speeding driver may owe you for your hospital bills, vehicle repairs, lost income, lost quality of life, pain and suffering, and other losses. Building a strong case against the speeding driver with help from an attorney can help you achieve fair results.