My friend got into an accident in California and we're trying to find out who is at fault; it's a bit complicated. She was in the middle lane and signaled to change to the fast lane. She looked in the mirror and checked her blind spot, and the lane was free. As she moved into the lane, she was hit from behind; the other car hit her left rear with its front right. This gave my friend's car a push forward and to the left, pushing her into the central divider.
What we found out afterwards is that the car that hit her hand changed lanes just before her, and then sped up. My friend was driving a bit faster than the 65mph speed limit, say around 70. The driver of the car that hit her claims he was driving at 70, but it must have been quite a bit faster, judging by the impact. My friend's car spun in the air and it's a miracle she survived.
The police claims it's all my friend's fault for changing into a lane that wasn't clear. Yet when she checked to turn it was clear -- the reason it wasn't, is that the other party was speeding. We were surprised by the police report, since normally it's not your fault if you're rear-ended.
What do people think? What are the relevant parts of the California highway code we can appeal to?