^^i think it springs from the basic rule on traffic that says: GO ONLY WHEN IT IS SAFE TO DO SO...
so when going endangers the life and limbs of the pedestrians and other motorists, and the going driver happen not to foresee the danger, the fault now is ascribable to the vehicle that kills or injures other people. so this is where liability lie.
in the same way that the last clear chance doctrine, imposes liability against the one, who, during the impact was at the right lane. because under the last clear chance doctrine, the one who has the last clear chance to avoid the fatal accident should have done his part to prevent the same from happening.
dura lex sed lex: the law may be harsh but it is the law.