Anyone who has lived in Massachusetts over the winter season knows that the state gets it fair share of winter weather. Whether it be snow, freezing rain, or black ice, Massachusetts roads can get ugly between December and February, increasing the likelihood of a Massachusetts car accident. These conditions can present a challenge to motorists who may not have a choice but to brave the conditions to get to work or take their children to school.
Under Massachusetts law, all drivers must operate their vehicle at a speed that is “reasonable and proper”. In areas where there is a posted speed limit, the posted speed limit is considered the maximum speed that is reasonable and proper. Thus, if a motorist causes an accident while speeding, the fact that they were traveling in excess of the speed limit at the time of the accident creates a rebuttable presumption that they were not traveling at a reasonable and proper speed. However, there are certain situations where traveling at the posted speed limit would not be reasonable and proper, and motorists must adjust their speed accordingly.