I was making a left turn last night, a guy was going 45mph in a 35 zone, we hit. who's fault is it?

Question

So me and my friend were heading home around 11:15 last night. I got in the left turn lane, it was a green light, i creeped above the white line, looked to see if anyone was coming, saw no one, and started my turn. Then he hit me head on. We both had green lights-he had the right away i know, but he was traveling at 45mph in a 35mph zone- the area of the collision wasnt that lighted so it was difficult to see. I really didnt see anyone coming or I wouldnt have made the turn. I know its my fault for not seeing him, but does he have some fault for speeding?

Answer 1

It's your fault.

Answer 2

Probably yours if you turned in front of him. He may have gotten a ticket for speeding but the person going straight has the right-away unless there is a turn light.

Answer 3

Your fault and without any witnesses who to say that he was speeding it will be your word against his.

Answer 4

Depends on the state you are in. In Florida, the fact that he was speeding (if indeed you can prove he was) could cause him to lose money in a civil litigation.  keep in mind though that 10 mph over is not much.  In most states, it is not speeding until you are 5mph over.  In Florida, you cannot be pulled over until you are 5mph over.  

Either way, you will take the biggest hit.  I would be more concerned to why you did not see him . 10 mph difference is not that much in the grand scheme of things.  You probably deal with speeding driver's all of the time.  Are you safe on the road if people are traveling 10mph over?

Answer 5

...you're at fault for the collision...he's guilty of violating the speed limit...

Answer 6

no headlights on that vehicle?

Answer 7

Although it may not seem fair, because you are making a left you have to determine (regardless of speed of other vehicles) if the turn you are making will be a safe turn and will not endanger you or the other drivers.

If the officers of law determine the person was driving 45 in a 35 zone, if tire tractions clearly indicate this, they can be cited for this if the officers decide to include this.

Answer 8

You was called failure to yield. This same thing happened to my hubby and y self about 7 months our car didn't have much damage hubby fixed it. but the girl that hit us well lets just say that a plastic front end well Insurance totaled her car. we got ticket for failure to yield