Originally Posted by
ItsJustMe
You were both trying to pass on the right, at first I'd lay some blame on both sides, but the above post says that's legal.
From a purely technical point of view, if you were to the right of the white line, you were not on the roadway and therefore you actually forfeit your right to operate under normal road rules
I don't think any of this alters the driver's guilt. The cyclist was passing two slow/stopped cars in a legal manner. The car passed another car in an unsafe manner- she knew a safety hazard existed in the shoulder, and there was also some sort of failure to signal correctly.
Additionally, I'm guessing the shoulder is a recognized location on a roadway and you're still not supposed to collide with things in/on it. If your angle is correct, then the OP is longer a vehicle outside the white line, and he's a pedestrian instead, and the driver is guilty of hit-and-run on a pedestrian.
Also to the OP: Your compassion toward the driver is admirable, but consider the next guy she unknowingly hits because she wasn't punished for her infractions.