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Typically, if you hit someone from the rear, you are judged as 'At Fault' because it is assumed you will have enough 'safe driving distance' and speed limit to stop for any interference. If you hit the car on a side panel, showing you were closer when the person pulled out, they may be judged as 'at fault'. If you hit the front of their car, the person pulling out was more likely at fault (depending on your speed and distance).

HOWEVER, all that said, the best protection after an accident is to call the police, let them make their report, and take pictures before the cars are moved.

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Q: Who fault is it if you are driving up the road and another car pulls out in front of you but now says you might have been speeding?
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