I'm not. You don't know that there was. Let's say that you're driving along past parked cars and you come to a zebra crossing and an uncontrolled dog runs out at the last minute - literally as you get to the crossing - 1m in front of you. There is no way to avoid an accident resulting from that.
That would depend on how far away the dog was when it ran into the road
Because it may well not be the driver's error.