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@gillies
only know a bit about this stuff but, you might have a case.
Civil cases are not black/white - you can often get x% of blame apportioned to a particular party. So a judge might rule you're 40% to blame for being too close, whilst the driver is 60% for her actions, and so would award you 60% of damages, or something to that effect.
TL;DR - talk to Leigh Day or similar.