I see your point and there are some things that as a rider you could never be expected to anticipate, like your example where the drunk driver swerved at the last minute. (Even more defensible cases include things like "the control arm broke and the car instantly swerved across 3 lanes of traffic" which actually happened a few years ago in my city, if that happens you just gotta accept that $deity is out to get you).

I'd amend it to "anything that you could reasonably have anticipated is your fault, including people pulling out in front of you, cars changing lanes as if you weren't there, etc."