Firstly, never ever stay in your vehicle on a motorway if you break down. Secondly, the defendant is 100 per cent at fault. This is what I hate about the removal of the hard shoulder on the new congestion easing motorways, it will not be long before someone is killed. The other party is negligent under the Road Traffic Act and Highway Code for driving without due care and attention, they should have been able to stop adequately in the distance they could see.