Question about fault

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Question about fault

My grandson’s vehicle was hit on the rear right bumper as he was entering the street from a side street by a driver who was exceeding the speed limit. Her vehicle was damaged on the front left side drivers side. The left fender was hanging from the car. Who is at fault?

Asked on March 4, 2018 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The answer depends on how your grandson was entering the street: did  he go through a stop light or stop sign to do so? Did he not check to make sure there were no cars coming along the street, since cars already on and going straight along the street would have "right of way" over cars entering the street? Etc. 
If the other car was speeding, it was presumptively at least partially at fault. But both drivers can be at fault to varying degrees, affecting liability, and depending on the circumstances of how your grandson entered the street, he could be at fault, too.


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