What about the law abiding cyclist who collides with the unlit one? Is that their fault as well?
the unlit what? a tree maybe? if so, yes.
more seriously though... those who argue that it's up to other road users to pay extra special attention looking out for unlit 'whatever' at night... do they or don't they use a working set of lights at night?
Whilst i maintain that unlit cyclists are not invisible and don't usually appear from nowhere, especially if the other road user has a stonking set of car headlights illuminating the road... i wouldn't dream of going out at night without my bike lights on. I do have some responsibility for my own safety and whilst the onus is on other road users not to hit me, i can't assume that all other road users are completely attentive all of the time. In fact it's wise to assume that all other road users are anything but attentive.
In a few months time my morning commute will be dark... very dark. And flying in the face of all my stylistic leanings, I may well be donning a hi-vis vest in addition to my two back lights,
two three front lights, ankle, pedal and pannier reflectors.
Stay safe, be seen is a good message for vulnerable road users... but the problem is when drivers walk away from a collision, free from prosecution due to the infallible excuse of SMIDSY and therefore reinforce the opinion that they don't need to pay that much attention.
Instead of '
stay safe, be seen', a better message would be '
drive safe and look out of your fecking windscreen you muppet!'