"The standing object is not always in the right if the object doesn't have the right-of-way."
Would you sue a 7 year old if you slammed him? Whether or not it was his fault?
No, I wouldn't sue a seven-year-old that caused an accident on a path. However, if a kid hit me with a rock and took an eye out, I'd sue his parents. If the laws of the state in question required me to sue the kid instead of his parents for losing an eye, then I'd have to sue the kid -- assuming his parents or insurance would have to pay any judgement.