End of the day it’s a legal requirement to have lights on a bike at night. All this ‘the driver should be able to see them, what if it was a pedestrian’. Its not a pedestrian, it’s a cyclist. What if the car driver was to use the same defence.
“Sorry officer, I didn’t have my lights on. But it’s a 5ft by 10ft, noisy, 1500kg lump of metal, they should have been able to see it.”
Ignoring the legalities, I think, we all have a moral responsibility not to put ourselves in such dangerous situations in the first place.