Not that I'm defending the driver at all, but at 4 am he probably didn't even see the biker.
Something that more people need to realize when on the road, is that the bigger vehicle is always right, and will always win. Whether you are on a bicycle, motorcycle, or metro, you must realize that you will lose if you hit a dumptruck, and therefore it's usually best to give them space, regardless of who legally has right of way.
It pisses me off that it's illegal to ride on sidewalks, seeing how that's the safest place to ride. When I was a kid, I ALWAYS rode on the sidewalk, seeing how I'm not going to get hit there. Now a cop will give you a ticket for riding on the sidewalk, which is shitty.