Oh, I absolutely agree that everyone is ultimately responsible for her own safety. I posted as much with regard to my own crash.

The question of whether someone should be held legally responsible is different. Take it to the extreme - if an automobile driver were drunk and texting and speeding and driving on a suspended license, would it still be okay for them to run over someone on the shoulder who was just a little too close to the road and not very visible?

When I first read your response, I was going to sputter, "But - but - but - what about assured clear distance?" Then I actually read the Florida statute, and it's very instructive - a perfect illustration of what's wrong here.

316.183 Unlawful speed.

(1) .... In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
Contrast that with the corresponding Ohio statute:

4511.21 Speed limits - assured clear distance.
(A) No person shall ... drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.
IOW, in Ohio - and AFAIK in most states - whether or not you actually get a ticket, you're guilty of ACDA any time you rear end something or someone, whether it's another motor vehicle in traffic, a bicyclist, or a refrigerator that fell out of someone's truck. In Florida, it's completely a judgment call on the part of all involved, and if "due care" means not paying attention to the shoulders, slow moving traffic, or anything that isn't a motor vehicle (as it plainly does here, v. the case with the cop directing traffic) then no one is legally responsible.

(But I completely disagree that there are more unsafe cyclists in Florida than anywhere else. I see the same behaviors here as I do wherever I ride. Scary, yes - responsible for automobile drivers being more aggressive and/or negligent, no.)