otakon17 said:
So have we come to an impasse? Is there no way to represent my opinion on this point without considering that it's not victim blaming but an observation on risky behavior on the victims part that did not invite this to happen but enabled it as a possibility at the very least?
One more thing I'd like to add. A couple of years ago, I got in a car accident that I COULD have prevented, but still wasn't my fault. I was on a four lane road without a turn-lane (two lanes going one way, two lanes going the other). Because there was no turn-lane, the people who want to turn left just had to stop in the middle of the road to wait for the traffic in the other two lanes to stop so they could go.
I was driving in the right lane, and looking ahead I was vaguely aware that a few cars had stopped in the left lane to turn. I was also vaguely aware of a big white pickup truck that was coming up to these cars way too fast. I kind of just assumed he would hit his brakes at some point, but this did not happen. He ended up having to choose between staying in that lane and hitting three cars in a row, or merging over into my lane and hitting just me. He chose me, and slammed my little car into the sidewalk where luckily no pedestrians were walking, knocking both of my axles out of alignment, taking out my driver side mirror, damaging my driver side door and front left panel, damaging the front driver side tire, and completely severing the passenger side tire which was forced onto the sidewalk.
If I had been paying more active attention to the other lane, I could have noticed what was going on and slowed down to let this guy get over, preventing all of that damage. HOWEVER, legally it was still his fault, as he was the one who wasn't paying attention to what was going on in his OWN lane. And it was his insurance that paid for the damages.
The fact that I could have prevented it does not make what he did any more excusable, and nor does it shift any of the responsibility to me. He was the one in the wrong from beginning to end. Any actions that I could have taken to prevent it are irrelevant, because in this case saying I could have prevented it by paying better attention is as useful as saying I could have prevented it by not driving at all.