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@rpm
The driver still has to look before pulling out, the "flasher" should not be trusted. When me & my mate got hit in exactly this situation the driver was found at fault (it wasn't a junction or side road but an entrance to some flats, she had been flashed out and pulled straight into the opposite lane without checking first) We were overtaking a long queue of stationary traffic, I remember getting a good look in the driver's window on impact, at the back of her head, she was looking the wrong way.