More victim blaming from my profession?

Updating my table of sentencing in fatal cases I came across this:

Both prosecution and defence debated whether Mr Warrington should have been on the A1 in the dark at 4am, but concluded that the law allowed him to be.

Mr Warrington had a rear light that could be seen some 200 metres away.

Rather a lot of reports of these tragic cases seem to have an at best superfluous discussion about the cyclist's entitlement to be on the road.  The motorist's entitlement to use the road is always taken as granted.