I happened on
this article today while browsing. I know it's a few year's old, but I found it enlightening and disturbing.
"
A relatively rare legal precedent only applied in a handful of states and the District of Columbia — the doctrine of contributory negligence that some call the “one percent rule” — often places the fault of a collision on cyclists. "
"According to data from 1997 to 2010 from the N.C. Department of Transportation, of the 1,207 disabling cycling accidents statewide, in 53.9 percent of the crashes, a cyclist was found to be at fault. In 15.9 percent of the cases, the motorist was found to be at fault."
I'd say that in most accidents, both parties may have made faulty decisions, for instance: the cyclist assuming that a car won't do a left hook, but that's not a reason to lay blame on them. The concept that the cyclist was at fault because he or she did not accurately predict the future (as well as the idea that the victim must prove that the motorist was at fault) is so skewed.