I don't think the police would charge the driver if BW was at fault. The driver has made it clear she didn't see him at all, the police obviously think she should have seen him, he was easy enough to see.
DH has had cars pull out in front of him, he got compensation subsequently so pretty clear who was at fault. He cycles at about 20 mph when cruising, faster when putting in an effort. As a driver, I have pulled in front of mopeds before, entirely my fault. Take it on the chin.
And another thing. When I am driving, I feel the onus is on me to do it safely, ie by checking that there are no obstructions in my way. Obstructions, eg trees, flying debris, animals, pedestrians, other motorists and cyclists. So it doesn't actually matter what they are wearing or whether they have lights - although clearly anyone who wants to live would make sure they are as visible as they can be.
If you think it is the duty of cyclists to light themselves up so that motorists can see them, then shouldn't all pedestrians also wear reflective clothing? Plus kids, dogs, etc. They all have to cross the road at some point.
In Berlin, cyclists don't wear helmets; loads of people of all ages cycle and it is very safe for everyone.
drjohnsonscat - BW support vehicle was behind him, so she would have also been able to calculate the vehicle behinds speed if this is what she does, and that she got her calculation wrong on the vehicle as well as on the mtb
Think there is bait on this thread which is best ignored