Just a thought here. I have been in similar circumstances and was able to dodge to the shoulder to avoid an accident. In order for this to not be possible the person would have to change lanes when they were either nearly on top of you (in which case, he most definitely was not looking!) or in a curve to the left where traffic in front could block a driver's view of the next lane to the right -- we are all taught not to change lanes on hills or turns because we can't see far enough ahead. Both situations may have been narrow misses if you'd been going faster, but no guarantees. If this person was weaving in and out of traffic at a higher speed than everyone else (typical of people who pass on the right), he still would have hit you. This is conceptually similar to one of my pet peeves -- people who use oncoming lanes for blind curves. They assume no one will be there and put me in constant danger of a head on collision. The assumptions are the issue here. Traffic laws are designed to help us deal with the unknown by establishing a set of reasonable behaviors we can depend upon for those situations we cannot get enough information about in order to drive properly informed of the situation. Blind curves are one -- don't use an oncoming lane when you can't see if someone might be dangerously close. Don't change lanes when you can't see far enough to determine if someone is dangerously close. Don't pass on the right -- it isn't what is expected. Don't use unsafe following distances because it doesn't allow for proper reaction time to road hazards. Use turn signals with a pause so that other drivers know your intentions and can react accordingly. I could go on but the point here is that it appears rather unlikely to me that you could have avoided this unless you really weren't watching your rearview for any hint of change in flow behind you. I'm typically glancing at the rearview every other second or so -- it only takes a fraction of a second and should give you plenty of time to react. Likewise, unless this fellow was right on top of you anyway, he should have had time to dodge to the shoulder as well unless he was going significantly faster than surrounding traffic and did change lanes pretty much right on top of you. With all of the above said, I'm very sorry you ended up in this mess. It is deplorable that one cannot reasonably expect to be safe without extreme defensive measures on today's roads and sometimes even that isn't enough. I agree that legally it was the other driver's fault but do remain unconvinced that it could absolutely have been avoided had you been driving faster. Sometimes the odds are stacked against you and there really isn't anything you could have done -- the thing to keep in mind though is that this is not consistently the case. Best of luck to you and don't give up on this, okay?