Determination of Fault: Accident in Stop and Go Traffic While Merging Onto a Highway

In Bronx, NY.

Hello and thanks for the help to everybody.

Yesterday i was driving back home and i had to incorporate to deegan express highway in the bronx. Traffic was very dense, as usuall, so we were stopped and slowly moving, stopped, etc...

I was getting into the highway and in the lane next to the incorporation line (where i was) there is a trailer stopped. There was enough space for me to fit in front of him and since he was stopped I moved into the lane but was half in diagonal. Then the car in front of me moves and the trailer too! without looking at me. He hit me in the rear bumper in the driver site and kept going (while i was screaming and honking like crazy!). So I have damage from the rear bumper to half the rear passenger door in the driver's side.

I know when entering a road is my fault if there is an accident but technically if i can't do it safetly so the car in the line can stop. Since we both were stopped I wonder if I have any possibility to not to be in fault. He left the vehicle saying "I couldn't see you, how am i going to see you? Has you seen what I am driving?!" I mean his damage in in the front non-driver side only and mine starts in the rear bumper. He had to see me... he just didn't look.

let's see what the insurances say but some feedback would be welcome.

thanks!!

Determination of Fault: Accident in Stop and Go Traffic While Merging Onto a Highway