It's not always clear at the time of a collision whether either party is actually at fault. It may appear obvious to the untrained eye, but an accident reconstruction specialist knows that without processing evidence and crash reconstruction software, it may not be possible to discern if there is actual culpability.
Police in Windsor, Canada are currently facing this scenario with a crash involving an eBike and an SUV. While it would appear the driver of the car is to blame, as the cyclist was the party struck, it is entirely possible that the eBike rider may have failed to yield the right of way. Accident reconstruction is ongoing in an attempt to discern whether charges should be filed against either person involved.
A similar incident in Boston, Massachusetts left a motorcyclist hospitalized when he struck a light post. Investigators are unsure why the man veered off the road, and are currently conducting crash reconstruction to see whether another vehicle could have been involved or if it was simply a matter of operator error.