The biggest problem with the judge's ruling in that case is that it hinges on a requirement that the cyclist must assume that drivers are unaware of the traffic laws and are unable to operate their vehicle in a safe manner.

The problem with that is that motorists are required to be licensed and to know the laws governing their operation on the roadways as well as required to operate their vehicle in a safe manner... if they do not, it's THEIR failure, not the cyclist's. If the problem really is as prevalent as the judge presumes, then it's a failure by the State of Texas to educate and police drivers... in fact, wouldn't it rise to the level of reckless endangerment on the STATE'S part?

The highways and streets work as well as they do because everyone is playing from the same rulebook. We all operate primarily under the assumption that other users of the road know and follow the rules.

While assumption that the other driver MIGHT do something incredibly stupid and even illegal has long been a tenet of the defensive driving style, never has it been a LEGAL requirement for other operators to always assume that other drivers are incompetent in maintaining control of their vehicle and ignorant of the laws.... in fact, taken to the extreme, operating under the assumption that everyone else will likely break the traffic laws would lead directly to a breakdown in the entire transportation system....

• you could no longer proceed safely even though you have a green light, because you are required to assume that a driver on the other road might be ignorant of the traffic signals and might run the red light.
• You can't pass another vehicle because that other driver might be ignorant of the fact that they are required by law to stay right and maintain their speed while you pass.
• You can't operate at highway speeds on the interstate because a teacher might be ignorant of the fact that pedestrians are not allowed in the roadway and lead a group full of kindergartners across the road in front of you.
• You can't proceed down a two lane road with traffic in the other lane because the other drivers might be ignorant of the fact that they're required to stay on their side of the road.
• You can't make a left turn off a two lane road because following traffic might be ignorant of the fact that they're required by law to either stop behind you and wait or (depending on local laws) pass safely to your right.
• Pedestrians can't cross the road because drivers MIGHT be ignorant of the legal requirement for them to stop for pedestrians.

Oh... and a cyclist could NOT use a shoulder, no matter how wide, clean, and well-paved because motorists MIGHT be ignorant of the fact that they're not allowed to drive on the shoulder.