The main focus legally on a question like this is that, while oftentimes one car or another is at fault, there can also be scenarios where both cars bear some responsibility. This is called comparative fault and under Florida law, a jury can consider the fault of both cars, if such allegation is made. Generally, when an accident happens where one car has the right of way, then the other car is oftentimes solely at fault. In the facts as presented however, there is an allegation that the car with the right of way was speeding AND there is a witness that corroborates same. Thus, it is possible that the car with the right of way MAY be found partly or fully at fault in the case. There is NO simple answer to this question and ultimately if the parties cannot agree to the fault issues through compromise, etc. then the case would have to be heard before a jury to decide.
If you have been in a car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. The law firm only charges fees and costs if it recovers money for you.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
