Re: Liability for an accident...who's at fault?
Glad it wasn't a real situation. If it were a real situation, they would be able to determine the speeds of both vehicles involved, and would be able to eliminate the witness information (yours), which is widely known to be inaccurate (not yours specifically, witnesses in general
). Your scenario also needs specifics like vehicle types, number and placement of occupants, seatbelts/airbag deployment, weather conditions, day or night, etc.
Basically, if I were investigating this, you might not be at fault if you were able to pull out and accelerate to speed. Scooters are not known for blistering acceleration, so if you could see the vehicle, pull out, and make it to the posted speed limit, then the car that attempted to pull around should have been able to see you (again, depending on conditions) and could be at fault because he wasn't driving in a prudent manner.
You could get cited for reckless driving, and the driver of the car that swirved would probably get tapped for vehicular manslaughter (if he was drunk or the prosecutor was really pissed), reckless or at least inattentive driving (if he lived).
What you are forgetting is the civil suit that will follow. Hope you have a great lawyer...
