Isn't that a contradiction in terms. 

If the dude thought he had time - he didn't.  He is at fault based on your senario.

If I stop at a stop sign - wait 30 seconds - proceed into an intersection and a car t-bones me that had the right of way - its still my fault - even if the car driver was and illegal immigrant - no green card - no drivers license - high on meth with an open fifth of Jack in the cupholder and had his girlfriend sitting on his lap.  He had the right of way.  Yes the dude might get into trouble for the other infractions (though today I doubt it) - and may have been able to avoid the accident - I would still be at fault because he had the right of way.