That doesn't have anything to do with it being "America" and the USA is a wonderful country compared to virtually every other country at the same time in history. It falls short only in comparison with imaginary utopian countries that didn't exist in reality or scope of scale at the time of comparison. I doubt that a insurance company would go after someone for damages in a situation like this without clearly identified fault. The fact that someone is injured doesn't change determination of fault and liability. Yesterday I came across a group of 30-40 cyclists riding on a narrow two lane road that has a relatively wide and well marked bike lane. Instead of staying single file in the bike lane and not obstructing traffic several rode abreast and outside the bike lane marker. That was just stupid, unnecessary, dangerous and unfortunately not a rare instance. Bike riders are often their own worst enemy, especially considering that most are recreational riders and usually in their cars instead of on bikes so they have no excuse.