Unfortunately, it is your fault. He has the right of way. Even if he saw you and could have avoided the wreck, it is up to you to prove that he saw you and could have avoided it which is impossible to do unless he admits it. How fast he was going is irrelevant because it is your estimate of his speed. If you were ticketed, it might be worth the $50 to fight it...they'll usually reduce the fine. But in this case, I doubt they will.