Maeve is in a hurry to reach the post office before it closes. She decides to drive as it will be the quickest way to get there. While driving she gets a call from her friend and while she’s checking her phone she is not focusing on the road. The next thing she is aware of is a huge bang. She stops immediately. When she looks around she realizes that she has knocked down a cyclist. Jack, the cyclist, is lying on the ground and is not moving. Maeve gets out of the car and asks Jack if he is ok. He doesn’t respond, and she notices blood coming from his head. Maeve calls an ambulance. The paramedics arrive very quickly and treat Jack. He is taken to hospital and later diagnosed with a brain injury. Maeve is extremely upset by the incident and can vaguely recall one of the paramedics saying to her that they were very surprised that Jack was not wearing a protective helmet at the time of the accident. Maeve wishes to know if Jack can bring a claim against her and if so what defenses she could raise.
You are required to advise Maeve and refer to relevant case law in your answer. Identify all the issues which you have studied which arise in this problem and apply the legal principles you have studied to the facts. Use relevant case law to substantiate your answer.