[raible]

Getting rear-ended is almost always the other driver's fault, but 7 years ago I was involved in a serious accident (minor injuries, both cars totaled) when the driver in the fast lane decided to pull over and pick up a hitchhiker. Crossed over two lanes, hard on the brakes, and I had no chance to even get off the gas.

The responsibility was 100% his because of "an unsafe lane change".

[LorenPechtel]

Yup, this is the primary case where the rear vehicle isn't at fault. You change lanes into a lane that's moving faster and get hit, you were wrong even if they hit you from behind.

[bluGill]

If it can be proven. 25 years ago a scam was where someone would suddenly change lanes to be rear ended like that, then claim "back pain" and sue for a lot of $$$. I don't know how common it was, but when there are not witnesses the courts tend to side with the person being rear ended.

[zirgs]

And this is why you should have a dashcam in your car.

[seadan83]

Often there were two cars in that scam. One to first follow really close so you are both distracted and reluctant to stop hard.