The whole right vs. wrong thing is only useful in assigning blame when something really bad happens, and society wants to punish someone to achieve "justice". But having justice isn't really useful if you're dead, and not really worth it IMO if you're maimed for life. It's better to avoid the whole incident in the first place. "Justice" is nothing more than a concept society created to prevent people from seeking personal vengeance.
And sure, maybe (maybe) the legal system will penalize the driver, but is it going to change anything? No, because our society has decided that cars are more important and we're not going to curtail our usage of cars at all, and accidents like this are unavoidable because of the nature of cars and ever-increasing traffic. If we built more trains/subways to take the load off the roads, we really could reduce the cyclist/pedestrian fatalities, but the US isn't going to do that; it's proven that it's completely incapable of building new public-transit infrastructure.
