Way to miss the point entirely. The crash investigation established that it was an accident due to low visibility. What hasn't been established is why she was not breath tested at the scene and allowed to leave the scene immediately and whether she was on her phone or not at the time.. Unless you are arguing that someone who smashes their car into someone and kills them can sue their estate for the emotional trauma killing the person caused them? And I'm not even touching on the husband's lawsuit.. Also, this case happened in Canada, not New South Wales. And in Ontario Canada, they are required to either have a light or reflector strips, which they had on their bikes.