This thing that no breathalyzer done seems not right.
From a long time ago accident that happened to another person on a bicycle (no motor), and she was hit from behind on a bright dry sunny day by a car on the Island of Nova Scota. The driver said that it was too sudden and coming of the top of a hill.
Lucky the girl only had scratches and bruises. She got scooped up over the windshield and landed on the side of the road on vegetation for not the softest landing, but better than asphalt I suppose.
The key thing I heard, not really sure if actually true legal, but it was said that in Canada hit from behind the slower girl on the bike would be at fault.
In the USA which was not where this happened it would not necessarily been the girls fault, even though on the bike going slower and not off to the side of the road and possibly weaving a bit.
In the instance mentioned of recent in Canada and the fact that the bike with the motor may have been able to go faster than this girl going up the hill in contrast to the non-power bicycle may just mean hitting from behind of the faster automobile is not removed from all wrong doing.
MT