The whole point of my post is that this kind of thinking is bullshit. Saying "the courts do it" doesn't contradict that, it's just an appeal to history or authority.
If I break the plates, you might be able to get restitution from me. You can't get that from a bumpy road. Also, you might be able to avoid broken plates in the first place by threatening me with jail time. You can't threaten a road into being less rough. The intention of a person completely changes the threat profile and mitigation strategy, that's why it's a big deal.
Only if you can predict intent. Which you can't.
Exactly, lets not judge people on their bad results, but their good intentions.