While I'm not arguing that, we had a quote at work because of the high number of accidents we got into, and how much in resources they took each time:

"Just because you're not at fault, doesn't mean you couldn't have avoided it."

So while I'm not arguing the fault statistics, could the rider have avoided the accident, or lessened damage/injury by being a better rider? Think of the closest you have ever come to crashing, and now think of all the riders you've ever seen, how many would've avoided that same accident?