Thank you for your update.
It is both your fault and the other driver's fault as we discussed. The court will have to determine percentage of fault. Just because the other driver hit you and should have been using more care to avoid hitting you, because you were not in the proper lane you too have some fault in this. If the court determines you have, for example, 20% fault, then you could only collect 80% of your damages, but this is up to the finder of fact observing all of the evidence.
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