I think you are missing what he said. You stated that the driver of the car is clearly at fault. This may very well be true but an investigation needs to be completed before it is confirmed. The driver of the bike may have been going over the speed limit. If this is the case, the driver of the car could be found not at fault. The driver of the bike could have had a headlight out, which is a REQUIRED piece of equipment on motorcycles, which made it difficult to see the motorcyclist. Therefor the driver of the car is not at fault. In cases other than what we have here, that a car had a stop sign and the bike didnt where the bike, or no one, is at fault are things like this; The persons car died while accelerating through the intersection (mechanical failure; no fault unless it is an inspection issue), motorcycleist doing "stunts" such as wheelies causing the headlight to not be seen (day or night, motorcycle at fault), motorcyclist failed to maintain lane/left of center (motorcyclist at fault). Just some things to think about. We are not necessarily saying that this motorcyclist is at fault, but until the investigation is complete it is impossible to say who is. If the cager is at fault, then ticket her. If not, then dont. That simple. You hypothetical situations are called acts of nature/God and would be no fault situations, the situations stated by Todd were legit possiblities that need to be looked at.