The CFR escapes me, helicopters are supposed to avoid the flow of fixed wing traffic. Not sure what that means as far as granting ROW or what it means when you have an operating tower.
That s the only distinction in law I am aware of as well. For this accident to happen, the traffic flow was not what it should have been. As to why that was, I am unsure. The thing I am sure of is I wouldn't want the right seater in the Cirrus with me in an emergency.