Should they presume malice, and discount any reference to circumstance? What if the circumstances were actually causal (which one would hope so, otherwise there are far more murderous sociopaths than anyone would have guessed) how should we parse the difference, and how will we identify potential hazards?
Presumably, from the cyclist’s perspective, the story will almost always go like this: “I was riding my bicycle in the correct fashion, in the appropriate lane, equipped with proper safety equipment, and then BAM! They came out of nowhere,” because if they had an opportunity to see the oncoming vehicle, judge whether it’s being operated safely, see where the driver’s attention is focused, and evaluate whether the driver’s awareness has or has not been compromised by the prevailing conditions—one would hope they could have avoided the crash in that space of time.