I can see the logic of what you`re saying,if it was for a different situation...he wouldn`t of had time to "slow down, to a stop if neccesary, indicate his intention to overtake, then pass this obstruction when it was safe to do so". All he could do was swerve,so even if it had been a child,he still would have swerved to avoid it.That`s all he could do... I wouldn`t be taking your advice for the same reason as i`ve just given above.. Also,like you said,the car was an obstruction..it shouldn`t have been there.. Aye,too right!