In the instance described above I think the cyclist has to take the blame.
I have a slight variation involving me where I thought I was in the right but I’d be intrigued to know the wider opinion.
Static traffic. Me in marked cycle path on side of road heading in the same direction and undertaking the stationary vehicles. Car in traffic flashes oncoming right turner into driveway and across my path. The car saw me too late and stopped partially across the pavement, completely across the cycle lane and partially in the road. I didn’t quite manage to stop but had scrubbed enough speed that the impact in the side of the car was minimal and no harm was done other than massively elevated heart rate for me and driver.
I might then have got a bit sweary with the driver but whose fault was it? Admittedly I was undertaking but the lane I was in had no obstructions and the lane to my right was static.