Pedestrian looking at phone hit by cyclist gets compensation

T675Rich

Well-Known Member
Location
Birmingham
Apologies if this has been posted or this is the wrong place, also the source but I couldn't see it covered elsewhere.

A pedestrian who stepped out into the road while looking at their phone has been awarded compensation from a cyclist who hit her:

https://www.dailymail.co.uk/news/article-7152963/Yoga-teacher-staring-phone-hit-cyclist-wins-compensation.html

The judge said that the pedestrian was also partially to blame but as "cyclists must be prepared at all times for people to behave in unexpected ways" said it was 50/50.

I find this amazing and slightly worrying tbh. Hopefully it doesn't set a precedent for people to get compensation from cyclists if they step out on them without looking. Or puts people off cycling, having said that the vids I have seen in London look scary.

Would he be able to counter sue though and get half his damages from her?
 

MichaelW2

Veteran
"She 'panicked' and tried to dodge back to a traffic island, but the cyclist, who had been travelling at between 10-15mph, swerved in the same direction and hit her. "

This is the typical pedestrian behaviour that results in collision. Cyclist goes for the gap behind the pedestrian. Pedestrian panics, reverses direction without warning and jumps backward into the space the cyclist was aiming for.
 

Venod

Eh up
Location
Yorkshire
When I read your post I thought it may be reasonable to expect the cyclist to be prepared and alert to zombies on their phones, but after reading the article I think the cyclist was treated unfairly, not only did the pedestrian step out in front of the cyclist and when altered by the cyclist they stepped back into his path, he was clearly trying to avoid a collision.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
I hope he had insurance. I was knocked off by a car nearly 5 years ago, and as I went down my bike clipped another cyclist. The cyclist sued me as the driver did a runner. I believe the case has been settled (ie paid out).
 

Arjimlad

Tights of Cydonia
Location
South Glos
The judge held the pedestrian 50% responsible for the collision whilst confirming the cyclist was primarily responsible. A good reason to make sure you have insurance - mine is on buildings & contents. I have enough trouble avoiding phone zombies when walking on the pavement let alone riding.
 
I hope he had insurance. I was knocked off by a car nearly 5 years ago, and as I went down my bike clipped another cyclist. The cyclist sued me as the driver did a runner. I believe the case has been settled (ie paid out).
Do you know how much for? I'm just curious as to whether it's actually worth the insurance, the risk must be vanishingly small.
 

Cycleops

Legendary Member
Location
Accra, Ghana
Very worrying comments by the judge. How can cyclists legislate for the actions of unpredictable zombie pedestrians.
Doesn't say what her injuries apart from cuts and concussion but hopefully her yoga exercises in exotic locations will help her recover.
She called him 'arrogant and reckless' but surely that could be applied to her.
 
Last edited:

PaulB

Legendary Member
Location
Colne
In the spirit of 'keep your friends close but keep your enemies closer' I read the comments on stories like this in the Daily Heil to see just how far their readership can be coerced into hating cyclists so we know what we could be facing out there. But reading the comments on this shows there's been an outbreak of common sense. Despite the usual foaming-at-the-mouth hatred reserved for cyclists, the overwhelming number of comments on this show just which side the readership is on and apart from the odd one or two, they are opposed to the stupid woman and the stupid judicial decision.
 

Accy cyclist

Legendary Member
I had a similar incident last year. This pedestrian actually saw me but just strolled out in front of me making me swerve to avoid him. His response to my anger was "You've got breaks haven't you? If so f..k..g use them"! Would he have stepped out in front of a car that has breaks? Maybe so because he did look a bit thick!
 

glasgowcyclist

Charming but somewhat feckless
Location
Scotland
Top Bottom