Re: Rear Ended on Freeway After a Lane Change
You mentioned your speed (@ approx 35mph) but you made no mention of how much faster/slower vehicles in the other lane (carpool lane) were traveling... It would be reasonable to assume that they were moving at a speed that is higher than 35mph (otherwise you would not have been hit)...
So here's one violation that I would assume to be valid here:
California Vehicle Code Section 22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.
A lot of people think that just because they signal, that their lane change would be legal... And that could not be farther from the truth.
Edir: As I reread your post, there was no mention of you signaling the lane change... Which adds more to your liability!
I am right 97% of the time... Who cares about the other 4%!