I think the term "counterfactual" comes from the implied, well, counterfactual:
- if the cyclist had been wearing a helmet (which they weren't), then they might have survived
- if impairment had been an issue (which it wasn't), then the driver would've been responsible for that
And I guess they're particularly often used for victim blaming:
- if the rape victim hadn't worn revealing clothing, they probably would have been safe
etc.
So, while I agree that the issue is not particularly well presented here, it does seem plausible to me that implied counterfactuals frequently distract from the culpable party (by pointing out all the hypothetical things that the victim "could have done").
- if the cyclist had been wearing a helmet (which they weren't), then they might have survived
- if impairment had been an issue (which it wasn't), then the driver would've been responsible for that
And I guess they're particularly often used for victim blaming:
- if the rape victim hadn't worn revealing clothing, they probably would have been safe
etc.
So, while I agree that the issue is not particularly well presented here, it does seem plausible to me that implied counterfactuals frequently distract from the culpable party (by pointing out all the hypothetical things that the victim "could have done").