Actually they are, as are folks on the water.
But being held to a standard under civil or criminal law, is different than living up to that standard. So we have to keep the difference between what folks are sup posed to do, and what they actually do. While we're at it we must also prepare for what they MAY do which is another ball of wax altogether.

There are countless number of riders with thousands of miles safe over years and decades. They are still riding because they do what the dinosaurs didn't ----- adapt and adjust.

Ultimately that's the key, debate all you want, but once on the road it's about adapting and adjusting to the reality and the situations at hand.