Both. The cyclist is in the obvious danger. The driver, who doesn't want to kill the seemingly suicidally reckless cyclist, has to decide what to do before they hit the cyclist in half a second, the usual answer is swerve or slam breaks, and both can lead to accidents

Important note to consider, in-group out-group isn't necessarily race, sex, orientation, religion, etc, it's just them, specifically. The politicians and lawmakers. I'm reminded of the first they came poem by Martin Niemoller. First they came for the muslims. Then they came for the gays. Then they came for the women. Then they came for the trans. Now they come for the children. If they haven't gotten to you yet, don't worry, they will in due time if you fail to act before there is no one left to act with you