While the local laws will get to decide who is at 'fault' I think that as a cyclist riding at night you must take proper precautions or else not be surprised or upset when someone else doesn't see you. That someone else doesn't even have to be in a car.

A few weeks ago during my ride home from work I rode down a very dark street for about one block. There were few porch lights on, no street lights, and it was raining. I nearly ran right into the back of another cyclist who was walking down the middle of the street, pushing his bike. He was wearing his helmet which had a light on it that was turned off. I did not see him at all until the last moment. No question about it, if I had ran into him we'd both be hurtin' and he would be 100% to blame.