Prima Facie Concept
In Texas, all speed limits are considered
prima facie
limits. Prima facie
limits are those limits that, “on the face of it,” are reasonable and prudent under normal conditions. To exceed a prima facie
speed limit does not automatically constitute an infraction of the law, as reasonable and prudent driving behavior is, at times, possible at speeds in excess of the posted limit. However, the burden of proof of reasonable and prudent conduct under the existing conditions rests with the driver. To afford a driver this opportunity to exceed a prima facie
speed limit recognizes the fact that any posted speed limit cannot adequately reflect the many different road conditions confronting the driver on the same highways at different times.