> If the bike lane is a dedicated one, pedestrians are very rarely in it.

Pedestrians step onto the dedicated bike lane I use to commute on average at least once per way for me.

> But yes if all else fails, the road is preferable to the pavement if you're unwilling to cycle slowly enough.

Of course I'm taking the road if there's no dedicated bike lane. Cycling faster than walking speed on the sidewalk seems reckless to me.

> That's a UX problem. You can also ask how to prevent cars driving on the cycle lane. Which we do in a multitude of ways. You just need to physically communicate segregation.

Yes, but I can only use the bike lane that already exists. Of course I prefer the ones with better UX.

> There's a concept of a hierarchy whereby the more vulnerable class is almost assumed not to be at fault.

Not where I live. You are allowed to e.g. trust adult pedestrians without any visible signs of impairment to not randomly step into the road. Otherwise, driving cars next to sidewalks or crossing intersections would only be possible at walking speed as well.

Of course, if you already see somebody approaching the road, somebody walking unsteadily, visibly intoxicated etc. you are obliged to still brake preemptively. The question here is whether visible noise-cancelling headphones would be considered a similar visible impairment, I suppose.

Personally, I just always assume I haven't been noticed, because ultimately I don't want to run somebody over even if I would be legally in the clear. That's a different story, though.