So yesterday as i was running errands in my car, i was involved in an accident that i don't feel was my fault. I understand the rules of the road, and therefore i understand why liability may fall onto me. I was at a cross junction in a residential area and was on a side road which there was give way lines marked out before the cross junction. Upon approaching the junction i stopped the car at the give way lines, looked left and right and then left again (because the right turn led into a dead end and there were definitely no vehicles in sight. When i looked to the left I saw that the road was clear so i moved into first gear and drove forward into the centre of the junction. As I did so a car came speeding from my left and crashed into the side of my car, forcing my car to turn right into the dead end street. I was lucky enough to have been able to stop the car half way on top of the pavement as to avoid being plowed into the wall. I know the rules of the road state that the person who crashed into me had right of way but the fact is, i feel that she is liable because she was clearly speeding and was not paying attention to the road ahead. Yes im fully aware that she had right of way, but the road to my left was clear when i checked and double checked which means that her car must have been out of view (possibly behind a parked vehicle or something like that).
I suppose my question here is am I fully liable because she had right of way? I feel as though i followed road protocol and did exactly what i was supposed to do when approaching a junction. The passenger in my car also said that he noticed that the road to my left was clear and that he had failed to spot her car until she was already crashing into my car. He too, confirmed my suspicions that she was speeding, which was only further confirmed by the damage that was caused to my car. She had claimed to have had used her breaks before collision, but this was not the case as she was travelling too fast to perform an emergency stop in such a short space of time. Also upon inspection it was realized that due to parked vehicles, the driver in question also would have had to of came out onto the oncoming lane to avoid parked vehicles, and then swerved back into her own lane as she reached the junction. So am i liable? or was this girl, who was travelling at 30-40 mph in a 20mph residential area, to blame for this collision?
I suppose my question here is am I fully liable because she had right of way? I feel as though i followed road protocol and did exactly what i was supposed to do when approaching a junction. The passenger in my car also said that he noticed that the road to my left was clear and that he had failed to spot her car until she was already crashing into my car. He too, confirmed my suspicions that she was speeding, which was only further confirmed by the damage that was caused to my car. She had claimed to have had used her breaks before collision, but this was not the case as she was travelling too fast to perform an emergency stop in such a short space of time. Also upon inspection it was realized that due to parked vehicles, the driver in question also would have had to of came out onto the oncoming lane to avoid parked vehicles, and then swerved back into her own lane as she reached the junction. So am i liable? or was this girl, who was travelling at 30-40 mph in a 20mph residential area, to blame for this collision?
