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Is this your defense lawyer telling you this? The fact is you got hit from behind. If you were walking in the outside of the lane because your car broke down would you have no right to sue for being hit?
Basically if this is the insurance lawyer he's probably trying to rip you off, if this is your lawyer, he's not a very good one. Fact is you got hit, being outside the lane means the motorist who hit you must have been travelling outside the lane also so you still have a case against the driver.
From what I've seen motorcyclists almost always win their cases when it comes to accidents unless they're the ones who actually casued the accident directly. You riding your motorcycle outside the lane may have been wrong, but you still got hit and it sounds like from behind. That's almost an open and shut case and on top of that it means the driver had to have been outside the designated lane too which is even worse for him because he's the one that caused the accident. Unless you're leaving something out like you wandered back into the lane in front of the driver.
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