Short Scenario

Jackie was driving on a national primary road trying to get to the beauty salon before it closes.  She receives a phone call on her mobile and reaches over to the passenger seat to pick up the phone and take the call.  She temporarily loses concentration and suddenly hears a loud noise.  She stops the car and is distressed to see a cyclist lying on the footpath with some visible head injuries.  She is not sure if she was exceeding the speed limit but is aware that she had caused the accident due to her temporary lack of concentration.

She is very distressed about the incident and immediately calls an ambulance for the injured cyclist.  The paramedics arrive very quickly and treat the cyclist. He is taken to hospital and later diagnosed with a brain injury.

Jackie is extremely upset by the incident and can vaguely recall one of the paramedics saying to her that they were very surprised that the cyclist was not wearing a protective helmet at the time of the accident.

Jackie wishes to know if the cyclist can bring a claim against her and if so, what defences she could raise. She would also like to know if there are any other implications as a result of her driving.

You are required to advise Jackie and refer to relevant case law in your answer.

Identify all the issues which you have studied (both civil and criminal) which arise in this problem and apply the legal principles you have studied to the facts.