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The victim driver's responsibility is irrelevant. We know that, regardless of education or licensing requirements, people will screw up sometimes when they drive. We can either just throw up our hands and accept the already-ridiculously-high death toll, or we can require that our vehicles are safer and do more to protect people. Personally I'm in favor of the latter, and don't particularly care who is at fault in these kinds of crashes.

(And in this case we don't have enough information to know if the driver could have reasonably avoided the crash, anyway.)



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