Well, when you consider that cyclists are *supposed* to follow the same rules as motorized vehicles, then lane splitting is illegal, so the cyclist in this case is possibly also at fault. Not to mention stupid for riding in the door zone.
But everybody does it. I ride the shoulder and pass stopped cars all the time. Am I legally allowed to do so ?. Dunno. Nassau cops have given tickets to folks in cars using a shoulder/marked parking lane as a passing lane to make a right turn, which is illegal. Is it legal for bikes ?. Dunno.
I do know that when I pass stopped cars and am riding on a shoulder, I am acutely aware that I have to be very careful for someone suddenly making a right or opening a car door. It's worse when riding busy streets in Manhattan and you want to make time.
Note that I hate the NYPD and pretty much every other aspect of this accident clearly shows and confirms WHY I hate the NYPD, but clearly this situation shows how it takes two to create an accident.
And yes, the cop is at fault and I stated so. But when you ride in the door zone and get doored................