Eeeeeeeeeeeh! Yur talkin' like a LAWYER, Waxer! :lol
We 'civilians' look at a wreck like this simply from the standpoint of cause & effect as it relates to personal responsibility. IOW - how many millions of cars have traveled thru that exact spot on that road, stayed on their own side of that road - barrier or no barrier - and NOT hit another vehicle (oncoming or otherwise)? That tells 'us' civilians that a driver who grossly deviates from this established pattern of normalcy is the source of the problem - not the roadway or it's barriers (or lack thereof).
It could be argued that ALL drivers on any road should be able to SEE the absence of this or that barrier and should therefore drive accordingly, could it not? In fact, there are citations that 'imply' that kind of thinking should be the norm; "Driving too fast for conditions", "reckless driving", "negligent driving", and, "failure to drive with due care & caution" all come to mind here.
And, just where does the state's responsibility to provide protection end? For instance, HOW can the state provide a barrier that'll prevent rear end collisions? Don't people get killed or injured in those, too? Or, does the difference lie in their degree of "dead"?
Anyway, the point is, absent the reckless behavior of the driver in question, the collision wouldn't have happened. He & he alone bears the responsibility for it, IMO.
Judge Pockets
An aside:
Here locally, there >WAS< (past tense) a 300-400 year old tree that use to stand about 30(?) feet off a local roadway where the road made a 90* left hand turn...until a speeding DRUNK failed to negotiate that corner early one morning and piled into it. As a result of this wreck, the tree - THAT HAD STOOD THERE FOR HUNDREDS OF YEARS - was cut down 'to ensure no one else could be seriously injured' by crashing into it! Millions of OTHER drivers had passed by that same spot in both cars and horse & buggies since about 1850 without hitting it, so OBVIOUSLY the tree wasn't 'at fault'! But, ONE YO-YO, who never should have been on the road in the 1st place, was all it took to have the tree cut down. And why? TO AVOID A FUTURE LAWSUIT! (IOW, I have the right to sue someone ELSE for failing to protect ME from ME.)
'Ridiculous...