The "lack of sufficient following distance" argument can also be applied to the biker, why wasn't he able to avoid her swinging out? Was his speed perhaps too high for the circumstances, shouldn't he have anticipated something like this happening (its not exactly an unusual event for someone to be caught out and have to swerve - its happened to me, without a phone, just thinking about work or something instead of concentrating), especially since the biker was in a place other road users would not expect him to be, which places the onus on him take the extra care?
I don't think its reasonable to say she should have treated the emergency lane as if it were any other lane where vehicles drive all the time, and therefore its her fault entirely.
The fact of the matter is we all expect (quite legitimately IMO) to be able to swerve into the emergency lane, if necessary, whether due to our own fault or not, we don't expect to encounter someone trying to overtake there. In that case you look for space next to, or even in front of you, not behind where the biker was coming from. If there was no biker there, her incident would have been nothing but a close call. But by being there he used up all the safety margin available and paid the price unfortunately.
You could go on arguing like this for ever...
The fact of the matter is a set of events caused by two people, who were both at fault to some degree combined, and tragically someone died.