Pedestrian looking at phone hit by cyclist gets compensation

[si_c]

I'm on the fence a bit about this one. On the one hand the pedestrian was clearly in the wrong, but on the other hand as responsible road users we should adjust our cycling to meet the environment around us. The fact that she "retreated to a traffic island" implies that a reasonable person could assume that pedestrians are likely to try to cross there - as they so frequently do and adjusted speed or stopped accordingly.

Whilst it's frustrating that pedestrians can do unexpected things, this in itself is not unexpected, perhaps if he'd spent more time controlling his bike and less time honking his horn this would never have happened.

Edit to add: it will be interesting to see what level of compensation is awarded - a significant amount or a token amount.

 

[Chris S]

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

 

[MichaelW2]

I'm on the fence a bit about this one. On the one hand the pedestrian was clearly in the wrong, but on the other hand as responsible road users we should adjust our cycling to meet the environment around us. The fact that she "retreated to a traffic island" implies that a reasonable person could assume that pedestrians are likely to try to cross there - as they so frequently do and adjusted speed or stopped accordingly.

Whilst it's frustrating that pedestrians can do unexpected things, this in itself is not unexpected, perhaps if he'd spent more time controlling his bike and less time honking his horn this would never have happened.

Edit to add: it will be interesting to see what level of compensation is awarded - a significant amount or a token amount.

She retreated to the traffic island by jumping backwards into the bit of road she had just crossed and that the cyclist was aiming for.
Very few riders are prepared for pedestrians to literally jump backwards into their path. This seems to have been the case with that infamous cade of the woman killed by a cyclist on a fixie a year or two ago.
The rider controlled his bike into empty road.

 

[MontyVeda]

... "cyclists must be prepared at all times for people to behave in unexpected ways" ...

Does the same apply to motorists?

 

[Cycleops]

Unusually nearly all the comments in the DM article are supportive. Second best was; 'So if a person walks off a cliff whilst looking at their mobile phone the cliff is also to blame'.

 

[nickyboy]

These incidents are rarely 100% the fault of one party, hence the need for a judge to make a determination. Like @si_c it is not cut and dried. It was presumably an urban area with lots of pedestrians so a cyclist maybe should be taking it easy and be "expecting the unexpected"? At the same time it appears the pedestrian walked off a traffic island without looking. It is reported that the cyclist's speed was 15mph at impact after some braking so he must have been going reasonably quickly

I would like to see an extension of "expect the unexpected" to vehicle drivers and cyclists. It doesn't seem to be applied in the same way as this case

 

[Ian H]

Unusually nearly all the comments in the DM article are supportive.

That alone should sound warning bells.

 

[si_c]

These incidents are rarely 100% the fault of one party, hence the need for a judge to make a determination. Like @si_c it is not cut and dried. It was presumably an urban area with lots of pedestrians so a cyclist maybe should be taking it easy and be "expecting the unexpected"? At the same time it appears the pedestrian walked off a traffic island without looking. It is reported that the cyclist's speed was 15mph at impact after some braking so he must have been going reasonably quickly

I would like to see an extension of "expect the unexpected" to vehicle drivers and cyclists. It doesn't seem to be applied in the same way as this case

That's more or less my thoughts, if we want people to be required to drive considerately around cyclists we should extend the same courtesy to those who are more vulnerable than us.

The same argument holds that cyclists rarely hurt anyone by being on the roads - pedestrians even less so. If we are going to take a position on the one hand we should at least apply the logic consistently in all cases rather than picking or choosing when we do.

 

[PK99]

Many cyclists want to see the law changed to Presumed Liability in a Car v cyclist collision. The logical position if that were to be applied is a Hierarchy of liability.

Bike trumps car
Pedestrian trumps bike.

 

[Cycleops]

That alone should sound warning bells.

I wonder if those warning bells would be loud enough to wake up pedestrians?

 

[Ian H]

I wonder if those warning bells would be loud enough to wake up pedestrians?

I doubt it. So the onus remains with cyclists and motorists to take due care.

 

[CXRAndy]

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

That is correct and rightly so. A rule of law which is often ignored by mainly vehicles but applies to cyclists.

The common error is people assuming when a car is turning into a junction the pedestrian has to get out of the way, but if the pedestrian is already on the road then vehicle driver has wait for them to clear the carriageway.

I suspect this is where the 50/50 judgement lay. But in my extremely limited knowledge, I would of thought the pedestrians actions of not paying attention(staring at phone) to crossing would negate their chance to claim-but hey what do I know

Interesting the damages amount- if alot I reckon cyclists will appeal.

 

[Bonefish Blues]

Was in reasonably forseeable that a ped might step off the pavement? Yes
Did the rider have a duty of care towards the ped to ride in a manner which anticipated and avoided same? Yes
Was the rider negligent in that he failed to avoid the ped in the circumstances? Yes
Was the ped also negligent in failing to play her part in ensuring her own safety? Yes

I think the question is with no 3 of those, given she dodged backwards, but also weighed will be speed, use of loud horn etc.

 

[Andy in Germany]

Many cyclists want to see the law changed to Presumed Liability in a Car v cyclist collision. The logical position if that were to be applied is a Hierarchy of liability.

Bike trumps car
Pedestrian trumps bike.

This is the current legal situation here*. I'm presumed to be at fault if I hit a pedestrian when cycling, and a car driver is presumed responsible in a collision with me.

I'm also legally required to have a bell, and use same to warn pedestrians of my approach. I also have to expect them to do something like jump backwards if they hear my bell.

The annoying thing in this case is that cyclists are being held to this principle, but in the UK motorists aren't.

[Edit: 'Here' being in Germany. Didn't make that clear earlier...]

 

[glasgowcyclist]

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

It makes sense to me; if the pedestrian isn't afforded the right of way then a collision is inevitable.