Is the party who was speeding involved in an accident at fault or partially at fault?
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Is the party who was speeding involved in an accident at fault or partially at fault?
car was coming head on from opposite side of the road and appeared to cross or make a turn without a signal. I swerved right over the center line to avoid a head on collision. Due to the damage where he struck my vehicle it was determined he was going 40mph plus. The speed limit is 25mph, I have lived two blocks away from the accident for over 18 years and had just left my house and had not even reached the speed limit by the time of the collision.
Asked on August 4, 2016 under Accident Law, Rhode Island
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The police report will state who was at fault in the accident.
Based on the facts, the other driver who was speeding and hit your car was at fault in the accident.
If your state has comparative negligence, each party may be partially liable with a percentage of fault attributed. However, based on the facts, the other party should be solely liable.
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