Even when the other driver is cited by the police, if you were speeding, insurance adjusters will argue this against you as a way of avoiding responsibility. The fact that you were speeding does not mean that you cannot recover damages against another driver whose negligence contributed to the collision. It simply means that if the case goes to trial, a jury will weigh how much you are speeding vs the other driver's negligence was the cause. If they determine that your percentage was over 50%, you may not make any recovery. If the jury finds your portion of responsibility was less than 51%, then you recover that percentage of your damages for which the other driver is at fault.