I thought that picture looked familiar and when I was cleaning out a bunch of my old magazines I found it in the Oct. '07 American Motorcyclist.
It was about a couple that were rearended in Dec. '01 (yes, 2001) and it still hadn't gone to trial yet in Florida. I never heard if the woman driver who was obviously negligent was ever convicted.
Who cares whether or not a cager was paying attention, if you're dead. That's why I try to ride as defensively as possible, which includes slowing down at intersections. I always assume the other drivers don't see me and act accordingly. Riding a motorcycle is just plain dangerous - period. Besides, accidents happen even under the best of circumstances and with the best of intentions.