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Both of you are At Fault. You have a duty when entering or crossing the road to yield to those traveling on the roadway that do not have a stop sign or traffic control device. The other driver has a duty to maintain a safe speed and abide by applicable laws, i.e., the speed limit. Keep in mind, however, that speed is nearly impossible to prove when determining liability in an accident. In some cases, if there are skid marks left by a driver traveling on the roadway that has tried to avoid impacting your vehicle, this information can be used to prove speed. There is a speed limit chart for reference, easily accessible on the internet in which you can estimate the speed of a vehicle given key factors like type of road, length of skids, etc. Eyewitnesses are also a very important tool in proving speed. In some cases, the damage caused by the force of the impact can be used as evidence of speeding. Damage caused by a 15 mph crash is going to be minor compared to one at 40 mph. Either way, both drivers would be liable and the amount you would be able to recover from the other party, if any, would be determined by the state in which you live.

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