The following is a guest blog post by The Hayes Firm.

DreamLegalTeam.com posted on their website that a Cherry Hill bicyclist was recovering from injuries sustained after she was struck in Medford by a driver who was texting while driving. Her injuries included fractures to her face and a vertebra.

Bicyclist Lisa Granert was wearing a reflective vest and a helmet while she was riding her bike along Route 70 in New Jersey but these protective gears did not help her when she got struck by a car operated by the said driver who was distracted because he was texting. The worst part of this story? It was a text about a drug deal. While the driver was texting about the drug deal, his car drifted to the shoulder and struck Ms. Granert.

In this personal injury case, the police pointed out that Ms. Granert took precautionary safety measures while on the road as she wore a reflective vest at night and a helmet. This case shows that the victim was not struck by any fault of her own.

In some states, there is a presumption of fault if a driver hit a bicyclist, for want of care and defensive driving on the part of the driver.

Be that as it may, the presumption can be overturned by evidence of fault or statutory violation on the part of the bicyclist, for example when bicycling at night without a headlight.

According to the website of injury lawyers of The Hayes Firm texting while driving and using a handheld phone while driving are illegal in New Jersey.