I can't believe this.

Discussion in 'General Chat' started by Derek S-H, Jun 18, 2019.

  1. Derek S-H

    Derek S-H
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    Yoga teacher hit by cyclist after walking into road on phone wins compensation

    Now I don't want this Thread to go down the path of "jumping red lights, riding on the pavement, blah blah blah" - this sets a precedent that anyone using the road, even carefully and legally, may be responsible for someone else's stupidity and irresponsibility.

    As a cyclist, you are told to keep left to allow other, faster road users to pass you safely. You often get hassle and grief if you try and ride centrally to avoid potholes/cambers/puddles/leaves, and zombies on mobile phones are just a nightmare as they frequently step out suddenly without looking. You literally have no time to react.

    She was lucky it wasn't a motorised vehicle as she could've been killed.
     
  2. chief barker

    chief barker
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    chris-fernandez-mobile-zombie-anim-1.gif
     
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  3. danmc_82

    danmc_82
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    No comment, its ridiculous.
     
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  4. The Dreamer

    The Dreamer
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    I don't really understand the ruling that the accident was found to be 50/50 and yet the cyclist has to pay?

    I guess the cyclist needs to counter-sue, to get the same 50% awarded to him, and so even everything out. But honestly, what a waste of time and resources, and once again makes a mockery of our court system.

    I'm no great fan of cyclists and their presumed 'right' over all other road users, but in this case, I'm with him. I find it bad enough just walking through the terminal with passengers all heads-down looking at their phones - I'm often tempted to shout 'Eyes Front!' in my best impersonation of a Flight Sergeant, but fear I'll just earn myself a visit to 'the office'! :rolleyes:
     
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  5. Dwayne Dibley

    Dwayne Dibley
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    I don't get it! Sorry, I'm being a bit dim. But it say's towards the end they were both equally liable, 50 / 50, no less. Yet she is due a payout??!!
     
  6. Dony

    Dony
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    Back in the 90's my sister stepped off the pavement just as a cyclist was going past. He was a workman, with a bag over his shoulder with a saw sticking out. The saw caught my sister on the cheek bone, leaving a mark of about 2". Luckily it was only a nick, but there's still a small scar there.

    She was told by the police not to bother trying to claim as she'd be done for jay-walking!!
     
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  7. mjn

    mjn
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    Change cyclist for car driver and change yoga teacher to school child. Still agree with ruling?

    What driver wouldn’t take extra care?

    If i was judge i would have thrown the case out. Cyclist; pay more attention. Yoga teacher; put your fudgeing phone down and concentrate on where you’re walking.
     
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  8. Doug the D

    Doug the D
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    Good reporting by the Mirror. I almost forgot what each of the people involved in this case looked like as they walked from the court, but it's okay, the Mirror repeated the photos, so that I didn't have to scroll back up. Top job.
     
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  9. Derek S-H

    Derek S-H
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    I know there's always lots of moaning about cyclists' behaviour (like we're all the same), but I would be MORTIFIED if I ever hit anybody.

    I think I'd stop for good as I couldn't live with the guilt.
     
  10. ufo550

    ufo550
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    Without knowing the exact circumstances, and putting to one side the pedestrian was not looking properly, the cyclist (or other road user) the Highway Code says 'You must also give way to pedestrians if there is a danger of colliding with them', which he did.

    If a road user is approaching a hazard, which a 'busy crossing' is, then they should anticipate all possibilities, and proceed with caution.

    I don't agree with the pay-out, hopefully he's insured. But the blame was 50/50.
     
  11. stiv674

    stiv674
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    Yes the payout is ridiculous but it wasn't as if she was a lone pedestrian, he apparently had time to sound his horn, shout and swerve before hitting her, maybe he needs better brakes.
     
  12. IronGiant

    IronGiant
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    Which would appear to mean she only gets half of the payout.

    Does he get the other half? :confused: :D
     
  13. hippo99

    hippo99
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    It says that there were quite a few other people crossing at the same junction & he saw a ‘space’ for him to cycle through. Unfortunately (for both) she stepped into the ‘space’ without looking.

    If it was a car, seeing there are a few people crossing & you’re trying to get through a ‘space’ rather than a clear road, you would expect a driver to proceed through that space with caution. Instead of a pedestrian not looking, it could just as easily been a pedestrian who tripped.

    I would agree with 50/50 at fault, but not sure why she gets net damages from it though.
     
  14. Derek S-H

    Derek S-H
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    I think I'm less concerned about the specific details of the case and more about the overarching principle?

    You could be driving or cycling exercising all due care and attention, but somebody completely without warning steps off the pavement without looking and into your path - according to this ruling they're no longer wholly responsible for their own actions.

    We're going to have to add mobile phone behaviour to the Highway Code at this rate.
     
  15. stiv674

    stiv674
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    But it seems he wasn't exercising all due care and attention, I'm just speculating but it sounds like he had plenty of time to stop or avoid the situation.

    I'd imagine there's quite often stragglers at crossings when it's really busy, just be more patient.
     
  16. hippo99

    hippo99
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    Isn’t that already the case with people/children walking out from between parked cars?
     
  17. rousetafarian

    rousetafarian
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    This thread title needs rewording....please add some further detail
     
  18. NorvernRob

    NorvernRob
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    Three pedestrian witnesses said it was her fault. The cyclist shouted, sounded his air horn and swerved to avoid her. But she panicked and ran back into the road into his path.

    I don’t understand the compensation. The judge said they were both 50% to blame, so the cyclist has to pay 50% of the amount she was claiming. So why isn’t she liable for the other 50%, and hence get nothing?

    It’s ridiculous, we live in a world where car drivers kill cyclists but usually get off scot free because the cyclist wasn’t wearing hi vis or some other ridiculous reason. There was a traffic survey published the other day from a village with a 40mpg speed limit. They recorded loads of cars speeding past at 50mph, but said ‘the most alarming thing were the cyclists whizzing past at 30-35mph’. So they were more worried about 80kg travelling at 35mph than they were two tons of metal travelling at 50mph. It would be comical if it wasn’t so tragic.

    I’d be interested to know the statistics for the percentage of drivers who are prosecuted for running someone over when driving within the speed limit.
     
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  19. stblob

    stblob
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    It's been some time since I went to school but I believe I was taught to look in both directions and insure it was safe to cross the road, and keep a look out during the crossing.
    But hey ho.
     
  20. NorvernRob

    NorvernRob
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    Don’t bother. Just walk across staring at your phone, run in front of a vehicle then sue them and bag yourself a nice payday.
     
  21. stiv674

    stiv674
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    "Even where a motorist or cyclist had the right of way, pedestrians who are established on the road have right of way.

    "Mr Hazeldean did fall below the level to be expected of a reasonably competent cyclist in that he did proceed when the road was not completely clear."

    She was already on the road when he was approaching, yes she was to blame as well for not paying attention but he should have stopped or slowed down.
     
  22. hippo99

    hippo99
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    When I took driving lessons I remember being told you were supposed to slow down & anticipate if there are people at a crossing/junction or standing between parked cars etc, as they might jump out.
    You’d definitely pick up faults in a driving test if you weren’t anticipating & just driving towards them at normal speed.
     
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  23. nheather

    nheather
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    Devils advocate.

    Reading the report it says that the cyclist sounded his horn and shouted at her to get out of the way. He could have been using his brakes instead. Another cyclist says that the cyclist was cycling aggressively.

    Motorists are taught that as they approach a crossing they should slow and be aware. A motorist confronted with someone in the road would slam on the brakes.

    It sounds like this cyclist might have been cycling fast at the crossing and had no intention of slowing down but rather thought he would swerve and shoot by the side of her at fall pelt. Unfortunately, she dodged in the same direction that he swerved.

    Cheers,

    Nigel
     
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  24. ufo550

    ufo550
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  25. aVdub

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    So have they just opened the flood gates for more dickheads to claim compensation, even if technically they are mostly in the wrong :(
     
  26. ufo550

    ufo550
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    For me, as said by others on a pedal cycling having time to sound a horn, suggests his intention not to stop.

    Sounds as if his intention was to manoeuvre through the hazard, without completely stopping.
     
    Last edited: Jun 19, 2019
  27. hippo99

    hippo99
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    Well do we hear of many cases of people walking in front of cars to get compensation?
    You can get some pretty serious injuries or even die from a collision with a cyclist, so I don’t think it’s the best way to try to ‘earn’ money...

    Hopefully it just make cyclists & pedestrians both a bit more vigilant on the road (but probably won’t).
     
  28. Doug the D

    Doug the D
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    I remember years ago, I was driving my work van in Plymouth to a job. I was driving at 30mph along a wide open road, with a wide pavement on the nearside (left) only. A teenage girl was walking along the centre of the pavement in the same direction that I was travelling. She was wearing headphones. As I drew almost level with her, she turned 90° right and walked out in front of my van. I had no warning at all; she didn't look over her shoulder, she didn't move to the right on the pavement, she simply turned and walked across my path. The only reason I didn't hit her was because I wasn't quite close enough to her. I managed to brake hard and swerve into the oncoming lane (nothing was coming) to avoid her. When I looked in my mirrors, she had wandered back onto the pavement from where she was walking. I have no idea why she did what she did, but I'm so glad I didn't hit her.

    The problem with the case we're discussing is that no-one here was there on the day, we can listen to descriptions of what people saw, but we'll never know truly. We speculate. People may read the description of my near-miss above and think I'm to blame for that situation. Personally, I don't think that any driver would think it reasonable that a pedestrian will step into their path without even glancing to see if the road is clear. On the other hand, if I'm driving near children at school-times or drunk-looking people shuffling out of a pub, I'm a bit more prepared to stop than usual, as both can be unpredictable.

    If the cyclist was riding along a road and a group of people were crossing the road, he should have stopped and not tried to weave through a gap, as seems to be described. But...he went through a green light, suggesting that no pedestrians should have been crossing the road anyway...That's my speculation anyway :)
     
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  29. Sonic67

    Sonic67
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    We expect adults to be responsible. So if an adult steps out in front of a car while glued to their phone I'd still think the adult responsible.
     
  30. The Dreamer

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    My issue is not actually who was right or wrong - the court has determined that each was equally to blame.

    My issue is that having determined that each was equally at fault, why is this person being afforded compensation, paid for by the other party?

    That is what I see as ludicrous!

    If the cyclist had been totally at fault, I can see the reason behind him having to pay out.

    Equally, if the pedestrian had been 100% at fault, then any compensation should head in the cyclists direction.

    I just don't get why the pedestrian has been awarded anything at all, and the cyclist nothing (I know it's the pedestrian suing the cyclist, and this is why in reality) - but all that is going to happen will be a counter suit to balance the equation, and the only people that win are the lawyers; with our court system looking, once again, like total plonkers!
     
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