This debate is raging on the internet, you it's your turn to chime in. Who is at fault?

A trucker is on his phone cruising down the road, when one car merges in front of him and then a second driver attempts to merge as well. The trucker seems to not see the second driver in the Volkswagen, and holds his lane. Who is at fault? Do you think the trucker even saw the other car? The driver is very lucky to be alive.

The truck driver appears to talking on his phone. Did that contribute to this incident?