Insurance studies back that up, and there is actually little difference between using a hand-held vs. Bluetooth or hands-free headsets. Which means it's likely due to an allocation of brain resources. As someone who had to drive a ton on rural roads, I can easily say a cell phone is a distraction, but my employer considered road time to be properly spent on the cell phone; there has never been any consideration for travel time with any of my employers. Truth is, most adjusters (and law enforcement) with vehicle-mounted laptops are often on the phone and the laptop while driving. I lost a colleague that way; he crossed the center-line and hit a logging truck while on the phone and the laptop.

In this accident, the charges are pending, because now they think the driver was actually on the phone. Her daughter already told the media that she was on the phone with her mom and was told to "come here, I hit somebody." Now, she's backing off of that, saying her mom called her after the impact. The driver is claiming there was an oncoming car that prevented her from avoiding the cyclists (as if a brake pedal wasn't standard on a Crown Vic), but one of the cyclists remembers no car, and he rides with a mirror. Everything points to what appears to be limited brain resources and now a bit of trying to rationalize the actions, which is a basic defense mechanism. She has now blamed the terrain, the speed limit, the oncoming car, but not yet, the bicyclists. Very few people simply say "it was my fault."

The legal system will never equalize this, nor should it, in a physical way, as it was an accident, but everything points to greatly inadequate insurance coverage for the damages caused, and life-changing consequences for at least 2 riders. The vehicle driver, of course, is simply facing tickets and will probably not suffer financially in any way. Even with minimum limits, she'll probably not face a 20-year judgement against her home, credit, car, assets, etc. The way the laws work, when and if any claims are settled, the driver will be named on the releases. And with no releases, no checks issued.

Everyone's hoping for better medical outcomes today. The only way these cyclists could have been more defensive and safe would have been to not ride. I want to re-assert: these were experienced cyclists who do it right. Single file, right at the white line, HiVis apparel, lights with dynos. They are all about safety, and ride in the tens of thousands of miles per year. Only scheduling conflicts kept 2 others from riding with them that day. Those two are stressed, because with 2 more riders, perhaps they'd have been at a different point at that place and time, etc. All the "what if's" are agonizing.