Yep. Liability will no doubt rest with the defendant in this instnace.

I would hold the defendant negligent in the fact that:

1. He drove too fast in all of the circumstance
2. He failed to heed or act upon the Claimants position on the carriageway
3. Failed to apply his brakes in time or at all
4. Failed to take any or any adequate care for the safety of the claimant

etc etc etc. I have all the proper ones on my comp at work