This is a tough situation. Some may characterize this as a sudden emergency. In any event, you should make a claim against the other drivers insurance. you have not already obtained a copy of the police report I recommend you do so and take it to a personal injury lawyer. Based on the facts it is likely the other insurance company will deny coverage. Good luck.
Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers.
There are three critical words in the definition of negligence and its makes every negligence case unique to its own set of facts - "under the circumstances". Stopping in the fast lane of the Dallas North Toll Road if you don't have to stop is a death wish. You will get hit, or you will cause a wreck behind you as cars scramble to get out of your way. If the original driver didn't have a good and valid reason to stop in the fastest traffic lane, they are negligent, and it is very forseeable that their negligence will lead to an injury or death.
In my mind, stopping in the traffic lane to watch an ambulance on the other side of the road is stupid. It's rubber necking and nothing more than that.
If you have to stop on a highway, you need to get off the road. Stopping in a traffic lane on a highway is a deadly dangerous thing to do.
How many times do we see on the news tragic stories of people being killed on highways when they stop their cars and do not get the car off the travel lanes of the highways. Most people driving at highway speeds are not expecting to come upon a stopped vehicle in the roadway. Its one thing to come to a stop to avoid a collision with traffic in front of you. It's completely another story to stop to look at an ambulance on the other side of the road.
Good Luck to you.
Sign up to receive a 3-part series of useful information and advice about personal injury law.