I have actually lost a case like this. I was speeding and a fellow cager pulled right out into my path. I later learned she was being honked at, so she just floored it without looking and I ran right into her. Anyway, it was deemed to be my fault due to the speed. I also thought there was something about ROW involved-like the incoming vehicle had ROW once into the road, (ie, you can't just slam into a car in your lane and say you had the ROW).