This paper explores several commonly overlooked factors impacting empirical fundamental relationships that are commonly used to relate the traffic state parameters: speed, flow and concentration. Most of these factors are conceptually simple, but collectively they result in surprisingly large, non-linear distortions of the empirical traffic state measurements. In some cases the impacts are known but underappreciated, e.g., passenger car equivalents and measurement errors arising from sampling artifacts. In other cases the impacts have not been recognized in the literature, e.g., we find that jam occupancy should be about 80%. We also discuss often-overlooked impacts from an inhomogeneous vehicle fleet and non-stationary traffic, both of which can add considerable noise to empirical measurements of the traffic state. As a result of these distortions, on a freeway we find that over half of the physical distance along the queued regime of the fundamental relationship in the flow-density plane (and flow-occupancy plane) come from speeds below 10 mph. This fact inadvertently gives greater weight to the low-speed measurements because they are spread over a large physical region of the plane while the higher speed measurements are compressed into a narrow sliver. Unfortunately, as we illustrate, the low-speed samples are subject to the largest measurement errors, are the least likely to come from stationary conditions, and they often violate the assumptions used to measure the traffic state. In short, aggregated low-speed data from conventional vehicle detectors should be discounted or possibly discarded when constructing an empirical fundamental relationship.