Q: We were in an accident where the other driver was racing at 90+mph and hit us on driver front. Who's at fault?
The road was clear to go across to the 3rd lane. We have at least 3 witnesses that all said the car that hit us was racing another car and hit us going at least 90mph. Is there any way we could be considered at fault?
A: Likely not. Vehicular is failing to act as a reasonable and prudent driver would act under the circumstances. It appears that you were following all traffic laws and rules, while the other party was not. Therefore, you would likely not be found liable; and the person who hit you likely would.
California Vehicle Code Section 22350 states “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
If the police or Highway Patrol responded, I would expect the other driver would be cited for a violation of this code section. Regardless of what a Traffic Collision Report says, however, you should be able to prove this collision was the other driver’s fault, particularly with your witnesses' statements. Good luck and I hope no one was severely injured.
A: it is possible to get an electronic download from the other vehicle's airbag module and if that substantiates the witness testimony, regardless of who had right of way at those speeds, driving with recklessness, the other vehicle should be considered at fault.
A: Yes, he could be at fault. That would not necessarily make you without fault. Fault is apportioned by the jury from 0-100% for everyone involved in the collision. Facts matter, and you haven't provided enough. Get a copy of the police report and have an attorney review it and discuss the collision with you for a better evaluation of your potential claims.
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