Is the party who was speeding involved in an accident at fault or partially at fault?

UPDATED: Sep 30, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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