Thank you for updating us. I try not to dwell on these awful cases but, having met and ridden with Pat many times in Audax events, I was shocked and dismayed by his death.
Of course I don't know the specifics of this case, but it always seems to me that the SMIDSY defence, far from being offered as an admission of driver error (ie "I wasn't looking") carries the implication of blame on the part of the victim for, so to speak, 'appearing from nowhere'; as, for instance, a child running out between parked cars. If a driver claims not to have seen you, s/he is either lying, or almost certainly wasn't looking properly.
The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt - Bertrand Russell