Originally Posted by Serge *******
It was two hours before sunrise. It was dark. The cyclist riding in the lane was not invisible, but he was understandably difficult to see. When the motorist did see him, he understandably swerved to miss him, and, tragically, collided with the cyclist to the right.
How the motorist is to blame for this I cannot fathom.
That the cyclist was cited for poor positioning is just wrong. He does however appear to be negligent for riding in a roadway without reflectors or lights.
The keys to cycling safety are visibility and predictability. Visibility is first, and you can't be (sufficiently) visible in the dark without lights and reflectors.
Serge
Ditto.
A bicycle is a vehicle. Operating a vehicle on a public roadway at night requires the use of proper lighting/reflective devices.
If a motorist was driving without lights and caused an accident, he too would be charged, just as this cyclist was.
Very sad, though. I'm sure the cyclist who was charged is devastated, as the motorist must be, and the friends and family of the victim. Nobody wins.
Educating drivers is good, but cyclists need to be educated, too.