Speeding Plaintiff Not Liable For Accident – Burgess V. Fisher and Fisher V. Carol

Assessment of liability for a motor vehicle accident

These matters relate to the assessment of liability for a motor vehicle accident.

Ms. Fisher was driving her vehicle in Vernon when a collision ensued with a vehicle being driven by Mr. Carol.  Ms. Fisher was driving on a through street with the right of way.  Mr. Carol left a stop sign to cross the through street Ms. Fisher was travelling on when the collision occurred.  Mr. Carol argued that because Ms. Fisher was speeding, there should be a finding of 35-40% liability against her.

The judge determined that, although Ms. Fisher probably was speeding, it was difficult to determine the degree to which she was travelling over the speed limit.  Despite the fact that Ms. Fisher was speeding, the judge found Mr. Carol to be 100% at fault for the accident.  The judge indicated that Ms. Fisher’s speed was not a significant factor in the accident.

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