Can Driving the Speed Limit still be Considered Negligent?
February 2026
In certain cases, driving the speed limit can be considered negligent driving. Wisconsin law requires that a person not drive "at a speed greater than is reasonable and prudent under the conditions and having regard for the acutal and potential hazards then existing." Wis. Stat. 346.57(2) Taking this statute into account, the posted speed limit is the maximum allowed by law. A reasonable driver when proceeding on the road needs to take into account conditions on the roadways and adjust their speed accordingly.
A common condition that a driver encounters is the weather. Wisconsin has days where snow and icy conditions make driving at the speed limit less than prudent. Winter weather conditons can result in a loss of traction and visibility. The winter weather condtions can also result in the need for greater distances to safely stop. In addition, a driver must be careful in winter weather condtions to pay attention to other drivers on the road who are also dealing the same condtions.
At Herrick & Hart, we have dealt with cases involving collisions where a driver was going too fast for conditions. We understand that poor judgments made by some drivers can put everyone on the road in danger. If you or a loved one have been injured due to the fault of another driver, take the time to find experienced legal counsel today.