A bicyclist filed suit against a truck driver, the trucking company, and the truck owner after being struck while riding with a group of bicyclists along the shoulder of a highway. In this jurisdiction, bicyclists can be on the highway if they stay on the shoulder of the highway and ride safely with the flow of traffic.

According to the police accident report, both the truck driver and the bicyclist were riding eastbound. The driver reached down to get a drink from his cooler. When he looked up, his truck had crossed onto the highway's shoulder. "The driver tried to avoid a collision but hit the bicyclist," according to the accident report.

The driver admits he "took his eyes off the road for a very short period of time," but he denies driving in a careless or negligent manner that breached a duty of care. The driver says the bicyclist was also negligent and assumed risk when he rode his bike on the highway.

The bicyclist, age 60, was transported to the hospital by helicopter and suffered serious injuries. The bicyclist seeks damages for loss of income and future income, as well as damages for his injuries. The driver has asked a judge to dismiss the lawsuit and award him his legal costs.

Analyze negligence in this case by answering the following questions:

1. What duties do both parties have in this situation?
2. Did the parties breach their duties? If yes, why? If not, why not?
3. Explain causation in this case.
4. Explain the compensatory damages being claimed in this case.
5. Discuss any defenses that might be available to both parties to limit liability.
6. Who do you think will win this case? Why?