Whos at fault for accident exiting driveway and car speeding?

I was sitting at the top of my drive way (which sits right beside a dangerous road that has had 4 accidents so far this year and a blind curve right before it) waiting to pull out. i looked left and then right and there was no traffic.

By the time i looked right and seen it was clear i was hit as soon as i turned back to the left. the speed limit is 35mph on this road but people always speed and anyone looking at my car could easily tell it was hit going faster then 35mph.

but they are denying speeding to try and get out of this and they didnt even touch their brakes to slow down or stop (no skid marks) they basically drove right through the front of my car.

who is at fault for this? its basically them denying they were speeding and blaming it on me and myself saying that it was clear and they hit me.


Answer:

Hello,

Well, speed could be a factor but it is not the only factor. If you are exciting a driveway, there is a big change that you have to yield the right of way to other vehicles (speeding or not). This might be heavier burden on you that the driver who was speeding.

Please see our analysis of fault here:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
The second issue here will be showing and proving that the other driving was actually speeding. This is very frustrating, we know… adjusters will not contract or hire accident reconstructions to show that you were not negligent (unless we are talking about a claim where there are fatalities and lawyers are all over the claim), so you are left with your word v. theirs. If you do not have objective findings (a police report citing them for speed), chances are that you will not be able to tag them with speed.

Sure, you can argue that the damages of your car show that they were going at a high rate of speed, but 35MPH is a high speed for impacts. Depending on what kind of vehicles you both had, you might not be able to show this.

Remember, it is not what happened, but you can prove happened.

We hope this helps,

Good Luck,
http://www.auto-insurance-claim-advice.com