The photo that's now posted actually sheds a completely different light on this, since it appears that the collision occurred on the shoulder of the road and not in the far right lane, as first indicated . Maybe it's a matter of regional terminology, but around here we think of the "far right lane" as referring to a the far right travel lane.
If the rider was stopped on the shoulder and rear-ended, I would think that it's worth consulting a lawyer at this point to determine if a lawsuit is appropriate. As was mentioned earlier, civil liability is not dependent on the driver receiving a traffic ticket or being convicted--it's an entirely separate determination.
If, however, an insurance settlement has already been accepted by the survivors, it's likely that the right to bring a lawsuit has been waived.
If the rider was stopped on the shoulder and rear-ended, I would think that it's worth consulting a lawyer at this point to determine if a lawsuit is appropriate. As was mentioned earlier, civil liability is not dependent on the driver receiving a traffic ticket or being convicted--it's an entirely separate determination.
If, however, an insurance settlement has already been accepted by the survivors, it's likely that the right to bring a lawsuit has been waived.