Just a small correction. It's not something proposed by me. It's a description of how things are at the moment, at least in the north of Europe.
The difference lies exactly in the details you describe. If an accident happens, you're not in the clear because you had "right of way", but because you, having good control of your vehicle, exhausted all possibilities to avoid the calamity.
Oh my, I had no idea that it was as such in Europe (EU?). In my particular case, there was so little time to "exhaust all possibilities". In fact, I only had the opportunity to attempt a single action, and that is without knowing what the outcome would be. To make matters worse, it wasn't even really a calculated action; I've taken a few combat driving courses in the Marine Corps that contributed to me reflexively making the correct decision. I just acted from the gut, based on my mental state. No matter what the outcome had been, I would've felt like I had no time to decide to react differently.
The difference lies exactly in the details you describe. If an accident happens, you're not in the clear because you had "right of way", but because you, having good control of your vehicle, exhausted all possibilities to avoid the calamity.