Charlotte Criminal Lawyer Blog
How Speed Limits are Determined May Change
Speeding is one of the most common causes or contributing factors to vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA), almost a third of fatal crashes are due to speeding. Driving too fast can result in losing control of a vehicle and puts other drivers and pedestrians at risk. Most roads and highways have posted speed limits. Speed limits are designed to allow drivers to travel safely on roadways. However, the method used to set speed limits may soon be considered obsolete.
What is the 85th Percentile Rule?
Many, if not most, of our roads in the United States have speed limits that are set using what is called the 85th percentile rule. The 85th percentile rule determines speed limits based on the speed of most drivers on the road. Specifically, the calculation uses the speed of the 15th vehicle out of 100 in a certain area. The speed is then rounded to the nearest increment of 5 mph. The rule has been commonly utilized since the 1930s.
When Did the 85th Percentile Rule Start
The 85th percentile rule is a result of road studies that were done in the 1920s and 1930s. Studies were primarily completed in urban areas, although some may have been done in rural locations also. The rule came about somewhat randomly. Experts at the time decided that the safest speed to travel was the average speed of most drivers. The rule eliminates the most extreme speeds, both slow and fast, and settles on a speed that is somewhat average. The same methods have continued to be used for almost a century.
Why Guidelines May Need Revision
While the 85th percentile rule worked well a hundred years ago, the method may be outdated in today’s world. The method does not take some important factors into consideration. Roads and road conditions have changed drastically over the last century. Vehicles have also undergone extensive improvements. Urban areas are much different from what they were a century ago. There is considerably more congestion, as well as an increase in pedestrians and bicycle traffic. Because speed is a factor in a large number of accidents, some experts believe the method used to determine speed limits needs to be updated.
Revisions to Speed Limits May Be Necessary
The old standard of setting speed limits relied on the drivers to set the speed limits. This method does not take into account any of the safety concerns that may be present, such as road conditions, visibility, incline, curves, traffic, congestion, nearby facilities and parks, pedestrians, bicycles, and more. New methods may be used that take many factors into consideration and may result in some speed limit changes to roads. A more detailed review of roadways must be done to determine the proper safe speed of travel. Then, changes may be made to reflect the updated safety review. The updated review of speed limits is designed to provide safer roads and prevent or reduce accidents due to speed.
To learn more, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
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