I think everyone on here arguing about the passing/turning lane should be on the jury for this case to hear how the lawyers argue it. My guess is it won't even come up. What will be argued is whether brake / turn lights were working, seatbelt use, tox levels in everyone's blood, and registration of vehicles. Accidents happen - it is part of life - get over it. As much as "big brother" tries to protect us, accidents will continue to happen and people will still die. We can't all live forever - not the way it was meant to be. There is one greater than "big brother" that controls our destiny. Case closed.
You are right, since obviously, someone was out of the lane they were supposed to be in. That and the brake light thing are the keys. If her brake lights were out, and he didnt know she was stopped, thats one thing. If they worked, and he just didnt notice, thats another. Maybe she was off the brakes at the crucial moment, we dont know.
But there are actually very few "accidents". Accident implies that there was nothing that could have changed the course of what happened. A meteroite strike, thats an accident. An animal darting out, that can be an accident, although not always.
An incident, however, means someone involved made a choice that, made differently, might have altered what happened. If she wasnt all the way over into the turn lane, that choice is critical. If he was on the phone and didnt notice her stopped til too late, that choice would make the difference. My point is that the "God decided to make that crash happen, and nothing would have prevented it" philosophy helps folks maintain the mindset of "Its all preordained, so theres no point in actually trying to prevent crashes". And that mindset kills. Find the cause, and make sure folks know. Trying to protect reputations by glossing over mistakes made helps no one, aviation has known that for years.