
An existing hazard doesn't include someone suddenly pulling out in front of you. however binky did say 'scraped my panels', which suggests she was already pulled out and on the road when the other driver hit her. In this case, you are right, the other driver should be driving at speed where she can safely avoid (brake) even stationary hazards
( , Wed 22 Jun 2011, 11:16, archived)

as how far out she was needs to be balanced against the visibility for the junction
Oh, a cunning idea. Binky, is there a sign on the road where the woman was driving warning of the junction you pulled out of? as in, you know, the usual triangle with the black road junction on it? if so, it's a very strong argument to say that she should have known there was a junction just around the corner and should have slowed down.
( , Wed 22 Jun 2011, 11:20, archived)

but she lives faiiiirly local, so she should bloody know that you can't go along them faster than 20, or 30 on an exceptionally visible bit.
( , Wed 22 Jun 2011, 11:43, archived)

she didn't stop in time or pull over into the hedge away from me.
i dunno i can see it all being called my fault.
( , Wed 22 Jun 2011, 11:51, archived)

If she was going too fast to go around you, around a blind corner, then she was driving too fast for the road and it's her fault. As tmb has said, there could have been a tractor round the corner and then she would have been fucked.
( , Wed 22 Jun 2011, 11:57, archived)

( , Wed 22 Jun 2011, 11:58, archived)