There is a picture, one would assume of the accident site. It shows a bike down with a cop shining a flashlight on it. we are looking at traffic. There are 2 lanes coming toward us and there is what looks like a shoulder on our right (which would be the LEFT side the way traffic is going). The bike is in the left most lane. There is no evidence of lights on the bike (though they could have been knocked off or disabled). If the rider was in the fast lane of a 2 lane limited access road at night with no lights it hardly seems a drivers fault. Not to say this has to be the way it was, but it is consistent with what little we are told and can see.