AMARILLO, TEXAS -- The preliminary investigation into this past weekend's fatal bicycle accident on Highway 87 continues.

According to the DPS, the driver, Gaige Sippy of Canyon got distracted when his cell phone fell and he reached down to get it.

His pickup struck 54-year-old Cynthia Whitney, who was killed.

You might think it's pretty cut and dry when there's a traffic accident where someone is killed. But in most cases, criminal charges relating to the death of an individual are not sought.

In this case the driver admits he was distracted when he reached down to pick up his cell. Often times, it's only one driving fraction that can lead to the death of an individual, but it doesn't necessarily mean charges will be brought.

"There are always gray areas...I guess lawyers like that because that's what keeps us all employed. The fact that it's never just a black line in the sand," said Randall County District Attorney, James Farren.

Farren recalled numerous cases where a driver may have failed to yield or ran a stop sign, but with no additional legal factors like speeding or alcohol use, he says it's hard to seek criminal charges for a driving infraction.

"I think we have to be very careful when we start trying to hang a felony offense to even a serious misdemeanor charge on someone for every traffic violation. If that's the case, all of us are likely to end up with pretty serious charges."

He also says it doesn't mean that civil action can't be sought out after such an accident, and in cases like this the next step will be to let the case be heard by a grand jury.

"Those kinds of cases I always welcome 12 other wise and good folks who'll take a look at this and see if we're seeing everything or missing anything," said Farren.

A couple things of note in this accident. The DPS report released Monday shows that the bicyclists were riding three abreast on the highway, with Mrs. Whitney near the center line.

Texas law states only two riders may ride side by side and may not ride more than two abreast, unless they're on part of a roadway set aside for the exclusive operation of bicycles.

That along with the possibility that the cell phone was being used will be looked at closely according to the District Attorney.