TITLE 49

MOTOR VEHICLES

CHAPTER 2

GENERAL

49-238.  Charging violations and rule in civil actions. (1) In every charge of violation of any speed regulation in this title, the complaint or citation shall specify the speed at which the defendant is alleged to have been driving and the speed limit applicable within the district or at the location.

(2)  The provision of this title declaring maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.

(3)  Upon the trial of any person charged with a violation of speed limitations, proof of determination of the maximum speed by the local jurisdictions and the existence of appropriate signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to a bridge or structure.

History:

[49-238, added 1988, ch. 265, sec. 30, p. 587.]