You're right in a way but the law won't see it that way. The miata wasn't involved in the accident. The red lude lost it too and the green lude probably reacted later than the red lude so the red lude probably slowed down first/quicker.

Regardless, they all did something wrong. Miata drifting, red lude panicked, and the green lude was following too close.

He was following too close because he couldn't avoid the accident.