Originally Posted by
PatrickGSR94
TN and MS also have FTR (FRAP) laws, but the wording is "practicable", not possible. I do not consider riding the fog line to be safe or practicable. As far right as practicable/safe for me is centered in the lane, when the lane is too narrow for a car and cyclist to occupy side-by-side with the required minimum clearance between them.
Because visibility.
You're basing quite a lot on a grainy photo-shop edited photo with lots of photo artifacts, and without any context.
Here's a little more info.
Cyclist Hit by North County Bus Reaches Settlement | NBC 7 San Diego
And a bit more info here...
http://www.911law.com/documents/Pret...r_Redacted.pdf
Apparently the driver was on a hand held cell phone (or similar) at the time of the impact. And, apparently there is no evidence of him taking evasive action.
The riders are to the right, but not hugging the guardrail. Reports indicate the rear rider had a flashing light, and they all had "visible clothing". From the photos provided, they appear to be visible as the bus is approacing.
I'm not convinced the outcome would have been any better had the riders been more central on the road, except possibly being missed by the tires if they were lucky.
Mirrors might have influenced a decision to bail off the road.