After already posted my liability assessment. Some insurance company will probably pay something to make it go away. As for right and wrong?
I think a Darwin award is a bit harsh. But, the title of the post is advice not sympathy. Everybody feels bad when one of us goes down.
With his actions I would have thought he is stopping on the right as his throttle hand is up like a "time out" I am stopping here. I would have gone around him.
I would have felt badly if I hit him as he swung into the path of my car. Would not have felt so good when he hired a lawyer to prove I did something wrong to collect money though.
I guess the guy in the cage deserves a 20% increase on all of his insurance for the next 3 years because of this mishap. I am sure his family won't miss that money.
My advice, drop any action and accept you were a big part of this confusion and mishap. As I read the description nobody got "rear ended" here. Somebody did a confusing lane change and got hit.
The real wrong here is a system with a lawyer and a lazy insurance company that will spend money and collect money out of convenience then raise the cage driver's rates.