Bob here seems to disagree with the judge:
Originally Posted by Bob Mionske
Ride with situational awareness.
Generally speaking, you have a legal duty to keep a proper lookout, and you have a legal duty to exercise due care. These duties are somewhat analogous to riding with situational awareness-- that is, being aware of what is happening in the road environment and how that may affect you. You do not have a legal duty to anticipate the illegal behavior of others on the road. Nevertheless, if you are observant of your surroundings, and are able to assess the potential dangers posed by the actions of others, regardless of whether those actions are legal or not, you will be able to respond to potential hazards before they become actual collisions.