Can excessive speed be used as a defense in a car accident?

Question by eric: Can excessive speed be used as a defense in a car accident?
First, there was no accident, just a close call. A few months ago I was pulling out onto a 2 lane road with a 40 mph speed limit. When I got to the stop sign, I looked and saw an SUV about 1/2 mile (pretty good distance) away, so I went and pulled out. As I pulled out, the SUV was right there and had to slow down as I was taking the traffic lane. Now, of course if there was a collision, I know it would have been my fault for failed to yield. But for that SUV to get from the point where I saw it to where I was pulling out, it must have been going at least 70 mph or even close to 80 mph. (and the speed limit is only 40 mph)

Would excessive speed 30+ over the limit be a defense or put at least some if not more fault to the other driver?
Gambit: I pulled onto that same road a lot of times and I’ve had time to pull in front of cars that were closer then that SUV and there was no problem because they were going 40-45 mph (around the speed limit). That is how I’m estimating their speed. That SUV was way out there. But I have been more careful since then.

Best answer:

Answer by chevypride0310
even though the other driver would technically be at fault, the law just is one sided, so you still would have been at fault even though you really wouldn’t have been

reason i say that is because a long time ago my uncle was driving a work van for a construction company he used to work for, and it was night time, he stopped at the stop sign and looked both ways like you should, he pulled out and out of nowhere a car was hauling a** down the other road without their headlights even on so my uncle just couldn’t see him, it was in residental area so the speed limit was 25 and the othe car must have been going maybe 50 im guessing, plus the road the other driver was on had a hill so he was on top of the hill so thats even worse for my uncle not to of seen him, and of course the other driver technically was at fault but they gave the ticket to my uncle just because he pulled out, sometimes the law is plan stupid and one sided, cops need to be able to not look one sided of the law and actually see who’s at fault at an accident

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