I think that if you check the law, cycling and walking are both actually rights. Driving a motor vehicle is a privilege, not a right.

When we complain about motorists failing to see cyclists, (or at least when I do), I'm talking about cyclists who have taken reasonable steps to be visible. I have never and will never complain about a motorist who hits a cyclist who is in full stealth ninja mode. My experience with "I didn't see you" were despite me wearing full ANSI reflective gear and running some of the brightest lighting generally available for bicycles. THEN I complain about people who "didn't see me."

Waving the "victim blaming" flag is popular these days, but really, some behaviors are just asinine, and that includes travelling in the dark in dark clothing and no lighting on a path/road intended for multiple uses. This includes peds or cyclists in stealth mode on a bike path or road. As we're often told, we might have the right to do certain things, but exercising those rights is just stupid. I have the right to staple $100 bills to a white tuxedo and walk through the worst parts of a city, but I'm a friggin idiot if I do it. But it would be "victim blaming" to say that I shouldn't be doing that I suppose.