Wasn't considering the phone at all. In a lot of places in the US, using a phone is also a distraction likely to get you jail/ conviction. (In some places it's considered driving impaired).
The accident would just never have gotten the scrutiny it did. Unless the driver came out and mentioned they were using their phone, the whole incident would have just vanished. They certainly wouldn't have bothered getting a subpoena to check the drivers cell record.
You're suggesting that if a driver runs someone over and kills them the police wouldn't do a basic check like looking at the driver's cell phone record? It's no wonder people all over the US want to defund the police if they're that incompetent. That would not happen here in the UK.
Just in general, if you ever want to kill someone in the US, run them over with a car. So long as nobody sees you do it and you aren't drunk or do something silly to make it obvious it was deliberate, it's unlikely you will be convicted.
If they are on a bike, it's even easier to get away with.
The accident would just never have gotten the scrutiny it did. Unless the driver came out and mentioned they were using their phone, the whole incident would have just vanished. They certainly wouldn't have bothered getting a subpoena to check the drivers cell record.