By way of contrast in this case that occurred in Maryland, this article appeared in the news which involves a case that happened in a close by Delaware location.
From what I remember of previous news accounts, the facts of the matter are:
1. A Polish young woman was riding either to or from work at about 11 PM in
April on Rt. 1. The area is a beach resort area but Rt. 1 has many outlet stores so traffic does not die off out of season. Her bike was equipped with working front and rear lights. I'm not sure if it also had a reflector or not.
2. She was, before the incident, riding in the wide shoulder and may have been in the right turn lane when she was struck from behind by a car.
3. The car was being driven by an 18 year old girl who was using a cell phone at the time.
4. The driver is being charged under the recently enacted Vehicular Manslaughter law.
5. Most likely, the driver will not receive any jail time but will be placed on probation for a couple/few years, loose her license (for a time),
have to do community service and will have to pay a fine.
6. Although the news story says she was not wearing a helmet at the time of the crash, that fact cannot be used in court - another recently enacted law.
While not perfect - I'd like the driver to go to jail at least for a while - Delaware seems to be on the right track here in going after careless
At least the First State knows the difference between a cyclist and a pedestrian.