Legally, the driver is probably at fault. This happened only five minutes after sunset. I know in my state, headlights are not required until civil twilight ends half an hour after sunset. And it's the responsibility of the vehicle operator approaching from behind to pass safely.
However, a cavalier attitude toward visibility is a stupid attitude for a cyclist.
"a cavalier attitude toward visibility is a stupid attitude for a cyclist."
I couldn't agree more. I'm thinking there'll be more to the story with respect to the driver.