I agree, but people will get get mad here if you point out anything wrong the victim, and this was a victim, may have done.
As a driver I have close calls all the time with people doing dumb stuff on bikes, esp at night, mostly salmoning and riding on sidewalks, ignoring traffic lights, etc. I don't really agree with the philosophy that a bike should be treated like a pedestrian whenever it happens to suit the rider. Nervous inexperienced riders do stuff like that all the time, thinking it's safer, but it's NOT! It's much more dangerous to be riding someplace where cars don't expect you to be.