@daimbarsatemydogsbone I see. Thanks. I thought it might be this woman I linked to earlier.
There are a lot of them, aren't there? It's true that it is not always the driver's fault. That goes for if you are driving a Mini or a HGV. The thing is the smaller person - whether a pedestrian, cyclist or motorcyclist tends to come off worse in encounters with cars and lorries.
It's not a matter of who is going to end up in court or not. It's a matter of education. I passed my driving test a long time ago but apart from "mirror, signal, manoeuvre" the main thing drummed into you is "anticipate". It surely must still be.
That doesn't mean you have to be a mind reader. If I was driving past a school or near an ice cream van at 3.30pm I'd be aware that children might run in front of me. If driving past a club at midnight I'd expect pissed people in the road. Similarly if I was driving past a bingo hall I wouldn't be surprised by elderly ladies popping up.
That doesn't mean that if I hit them it would necessarily be my fault. But it's not enough to say they should have taken more care. Of course they should have done but they are dead and the driver who hit them feels enormous guilt.
There are terrible road junctions as in my link. They should be improved because all road users have to share them and warning signs put up around likely hazards rather than people saying weaker road users should look out or get off the road.
Even if we are drivers most of us drive small vehicles - not buses and HGVs. It doesn't matter whose fault it is because in a collision the person driving the smaller vehicle will always come off worse.
Of course all road users have a responsibility not to do stupid things but it's not enough to shrug and say: "Oh well. Can't be helped."