Sometimes, one party is plainly at fault. For instance, if a drunk driver swerved into the bike path and struck you, they may be found clearly at fault since they were driving while intoxicated and riding in the bicycle lane when they struck you. Other cases might be more complex, though. When fault is unclear or arguable, the insurance company might try to pin you with total or partial blame. Legally speaking, you may be considered comparatively negligent in the accident despite being the injured party (if the opposing party can prove that your actions also contributed to the accident).