Yeah, the general way things work here is that if you were genuinely being stupid, your likely to be blamed. If they can prove you did not obey the rules of the road, you are likely to be at fault, unless they can also prove that the other party also was not following the rules of the road, at which point things get messy. If were doing something like talking on your cell phone (illegal, and punishable by a $500 fine now), and the other person ran a red, or made an illegal turn or something, if they can prove you had ample time (had you not been distracted) to avoid the collision, you are pretty damn likely to be at fault.