Legal Question in Traffic Law in California

I was in a auto collision and rear ended a truck. I had just changed from the left lane into the right lane and the truck appeared to be rolling backwards out of a gas station. It did not appear to have any brake lights, back up lights, or blinkers. I figure she thought shed be able to fit her Ford F150 with full camper shell between the car that was fueling up and the fence and when she realized she could not tried to back up to pull on the other side of the pumps and was unable to see weather or not there were any cars coming as she started rolling out into Orovilles main road. The Police report states the Cause was: D1(her) caused this collision by operating V1(Truck) in violation of section 22500(e) CVC. w/definition of violation code. Then it states that D2(me) was inattentive in her driving. D2 was driving in violation of 22350 VC, unsafe speed for conditions, but that it did not mean that I was at fault. The officer who handed me my report explained that the other lady was at fault but as with any accident where one rear ends another they say that the person in the rear's speed was a contributing factor. To back up the police report One of the witness's said that the lady tried to pull into the gass station and was unable to fit so with the rear end of her Truck still sitting out in the right hand lane she decided to wait for him to finish fueling and leave so she could then pull in. Her insurance is saying they are not accepting any liability for this and my insurance is wanting to propose a 50/50 liability supposedly to protect me from being personally sued later. This accident occurred on 6/22/09 and was in the Oroville Mercury Register the next day and also says that the lady was backing and failed to see me coming behind her. Should I get a lawyer or even have a chance of winning in this case? Any advice would be greatly appreciated... Thank You!

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