It looked like he might have been speeding. That might change things a bit.
When I was a young buck, I was clipped by a motorcyclist who tried to dodge around me while I was changing lanes. She was speeding (about 50 - 60 in a 40 zone) around a relatively blind curve and didn't see me until the last *******ed second, and when I'd started my lane change, the lane behind me was completely clear. In spite of all that, the cops charge me with an illegal lane change, and I was therefore saddled with responsibility for the accident.
I suspect that will be how this accident is adjudicated as well, when all is said and done.