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I think that outside of a courtroom, it's possible to recognize "layers" of responsibility, for lack of a better term. I can think of a couple of scenarios:

1. In an industrial plant, equipment needs to be fitted with guards and other protective measures, even if it's arguable that sticking your hand into an exposed rotating mechanism, or grabbing a live electrical circuit, is your fault. If someone's hurt, and there's an investigation, the factory will be cited for not having the proper guards. From what I've read, this is one of the things that we now take for granted, but was hard won through labor activism resulting in a dramatic reduction in workplace deaths.

2. The European approach, where they assign "fault" for a crash, but at the same time investigate how the infrastructure can be redesigned to make the crash less likely.

Yes I would hope that a regulatory body investigates the OP's crash. At the same time, I've read some comments in HN that Tesla drivers hover their foot over the accelerator in case of "ghost" braking. Naturally this is anecdotal. Still, the driver could have mistakenly stepped on the wrong pedal.



VERY generally, in the US, the jury assigns a percentage of fault to each party. E.g., Defendant 1 was 40% at fault, Defendant 2 51%, Defendant 3 5%, and the Plaintiff 4%.

Plaintiff can collect 40% of his damages from D1, etc. Some states will allow Plaintiff to collect 96% from D2, and give D2 the right to collect the other defendants' proportionate share from them.




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