As an alternative to traditional negligence, an injured cyclist may bring a claim of negligence per se against a defendant. Negligence per se is similar to a negligence claim, except for the fact that the defendant has violated a legal statute rather than a duty of care. If the violated law was designed to protect a group of individuals, and someone from this group was subsequently injured, the plaintiff may be able to show that the plaintiff acted negligently.
For example, according to the California Vehicle Code §23123.5, drivers are prohibited from holding handheld devices while driving. So, if a driver was using a handheld device behind the wheel and crashed into a bicyclist, that driver may be deemed negligent per se.