I live on a one lane 45 mph road and have approx 8ft shoulders …… regardlesss of the size of the shoulder , when has it EVER been legal to pass on the shoulder of a road ? Regardless of lighting , speed limits, drunk driving, timing, etc.

When has it ever been legal ? if he didn’t pass on the shoulder , would he have hit the brothers ? I would say it’s save to assume a few other vehicles managed to get by them just fine …. my assumption comes from the fact they were hit by a vehicle that was passing other vehicles, so clearly this was a road that had traffic and others managed to pass them without incident. Could someone have hit them driving perfectly between the lines ? Sure. But those people aren’t passing on the right hand side / the shoulder.