Driving & Driving Test Tips: Rear End/Merging Collision, wilshire boulevard, airbag deployment

Question
Mark,

I was recently involved in an incident where the other party is claiming (fraudulently and in bad faith) serious injuries, and I am in process of both disputing  the finding of fault and contacting a plaintiff's attorney to file suit under SLAPP and perhaps a fraud claim.

Incident happened at ~ 7:30 pm at the off ramp from the southbound 405 to Wilshire Boulevard West.  This off ramp ends in a yield sign, and merges onto Wilshire.  When I came off the ramp, I came to a complete stop behind a Honda Accord - I waited for him proceed into traffic, pulled slightly forward to another complete stop, head checked over my left should for oncoming traffic - saw there was none and began accelerating into the merging lane.  Immediately after starting, and the moment I turned my head back, I struck the car in front of me, who had ceased his merge and had begun, inexplicably, pulling off to the shoulder.  He IMMEDIATELY stopped his car and stepped out to look back at me.  I pulled my car safely off to the side, and exited to review the damages.  I had no airbag deployment.  There was a minor paint scrape to my front bumper - and there was a 3 inch section where the body panel piece has become separated in the fender area - and the license plate was bent.  The only visible damage to his vehicle was my license plate imprint and paint transfer onto the left 1/3 of his rear bumper.  I was moving straight into the merge lane, and this point of impact clearly demonstrates that he was not merging and, in fact, moving AWAY from traffic.  

As I understand it, I am required to make a head check before moving into a new lane, and believe my actions to be completely consistent with the driving procedures that are outline in the California driver's manual.  It has been alleged that I was "following too closely", but I don't believe that to be an accurate or lawful characterization.

In either case, the collision happened at less than 10 mph or my airbags (BMW) would have deployed.    

Should I retain a traffic expert to make a report?  Do I have a claim here?  

Thanks!

~ Glenn

Answer
No you do not have any claim against the other driver.  you will probably be found partially at fault in that you did not clear traffic in front of you before you started to move.  remember civil is not guilty-not guilty it goes by percentage at fault.  you will need a collision reconstructionist but that is up to your insurance company.  they usually handle all injury claims, if you have comprehensive.  if not you will have to find one to inspect the vehicles and make an analysis.  there are a few factors such as weights of vehicles, direction other driver was looking, etc. needed to complete an analysis.