Originally Posted by
GrouchoWretch
If a motorist hits him from behind, it is the motorist's fault, 100%, with or without bike lights and under all driving conditions. This is the diametric opposite of our lawyer friend's contention that if this occurs in the dark, and the cyclist has not assisted motorists in their duty by adding lights to his bike, it is 100% the cyclist's fault.
Not in all cases, there was one local cyclist trying to cross one of our local freeways, and was struck in the furthest right hand lane, with the cyclist having no lights, dark clothing, one standard red rear reflector. This incident occurred a stormy winter night with the motorists determined to be driving well below the speed limit. The cyclist was struck by three individual motorists before traffic could be diverted away from him, and all motorists were eventually cleared of any wrong doing.