In any civil action proof of speed in excess of any prima facie limit declared in Section 22352 at a particular time and place does not establish negligence as a matter of law but in all such actions it shall be necessary to establish as a fact that the operation of a vehicle at the excess speed constituted negligence.
Cal. Veh. Code § 40831
Civil Actions
Applied in 3 court decisions — leading case 59 Cal. App. 3d 451 - Neumann v. Bishop (1976)
Most recently applied in Thomas Allen Rogers, by and Through His Guardian Ad Litem, Minnie Rogers v. United States of America, Department of Transportation (October 1992)
Enacted by Stats. 1959, Ch. 3.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.