Pedestrian looking at phone hit by cyclist gets compensation

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booze and cake

probably out cycling
I'm no farmer but I thought ploughing was slow^_^.

The press do this sort of thing all the time, again its framing the cyclist in a bad light from the off. I've lost count of the times they report a cyclist involved in accident with a car, like the car was driving itself. No it was the driver who crashed their car into.....Yet conversely I have never heard of a report where a car was involved in an accident with a bicycle, as it hints there's no rider involved, and if they did people would think its ridiculous. Double standards again.
 
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fossyant

Ride It Like You Stole It!
Location
South Manchester
Must say, a teenager (late teens) stepped out in front of my car a few minutes ago - walking towards me, headphones in, just not looking and stepped out. Fortunately I wasn't going fast (10 mph) and had already seen him and was well over to the right - the look on his face when he realised what he had done !
 

Bazzer

Setting the controls for the heart of the sun.
The other issue is people using headphones and noise cancelling ones as well, I just think they have set a dangerous precedence with this ruling.

I had one just the other day on my commute. Running with his dog, (not on a lead), he decided to cross the road without looking backwards, just in front of me. He seemed to have decided that nothing but him and his dog are out at 5.30 am and was very fortunate my spidey senses kicked in as I approached and I wasn't one of the driving morons I encounter all too frequently.
 

Slick

Guru
D

Deleted member 26715

Guest
My question is should a cyclist modify their speed in the knowledge that there are plenty of phone zombies around who may step out onto the road?
Yes
Or should a cyclist ride at whatever speed they like (be that slow or fast) regardless?
No
And if it's agreed that maybe a cyclist should modify their speed in these circumstance is it not the case that failure to do so means the cyclist has some responsibility in any ensuing accident?
Correct the judge ruled 50/50 so presumably the judge ruled he was still traveling too fast for the circumstances & she should have looked before she stepped out. Again pure speculation but the imjuries she sustained plus the loss of earnings etc. must have equated to £8Kish so she was granted £4Kish damages.

But the issue is not the damages it is the fact she had far better council than he did, if he had any, it's all the court costs, solicitors & barrister fees which are his problem, but as somebody put higher up, how the costs can amount to £100K is beyond comprehension to me.

Edit:- On the fundraising page they are only after £21K so where the £100K came from is anybodies guess, unless it's called journalistic license
 
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bigjim

Legendary Member
Location
Manchester. UK
Edit:- On the fundraising page they are only after £21K so where the £100K came from is anybodies guess, unless it's called journalistic license
They have reached their target. The judge has intimated costs will be 20K . Her greedy lawyers are after 100K.
 
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glasgowcyclist

Charming but somewhat feckless
Location
Scotland
Can he not sue her in a civil court for causing an accident by wonton moronic behaviour?

Not now, more than three years after the incident. He's missed his chance.
 

bigjim

Legendary Member
Location
Manchester. UK
Evidently he doesn't believe in the blame culture which is why he didn't pursue her in the first place. He's giving any surplus to some aid scheme that he' supports and has been sponsoring a child over there for 13 years. If he went bust this gift would be at risk. Works for a Mental Health charity. Doesn't sound like your typical hoodlum.
 

RecordAceFromNew

Swinging Member
Location
West London
But the issue is not the damages it is the fact she had far better council than he did, if he had any, it's all the court costs, solicitors & barrister fees which are his problem, but as somebody put higher up, how the costs can amount to £100K is beyond comprehension to me.

Edit:- On the fundraising page they are only after £21K so where the £100K came from is anybodies guess, unless it's called journalistic license

In the GoFundMe page for Mr Hazeldean, it says:

"£4,300 for the compensation, payable in 14 days.
£10,000 to cover the pedestrian's legal fees, payable in 21 days (this may increase when the final cost award is declared as they are seeking around £100,000 in costs - but £10,000 was the amount indicated by the judge).
£7,000 to cover Robert's own legal fees.
"

Mr. Hazeldean's solicitor's statement on the status of costs is worthy of note:

"The Personal Injury team is acting for Mr Robert Hazeldean in defending a claim brought against him by Gemma Brushett.

Unfortunately, Mr Hazeldean had not felt able to instruct solicitors at the outset due to costs. He therefore tried to deal with the case as a litigant in person. The Claimant took advantage of this and has now sought almost £100,000 in costs. We are strongly resisting this as a total abuse of process, and are pleased to report that the court has listed this matter for a third occasion. The court has ordered that the Claimant pays our client’s costs of this third hearing.

Emma Farrell, head of the Personal Injury team, said; “If Mr Hazeldean had been insured, the Claimant’s legal costs would have been limited to a mere £6,690. If he had come to us sooner, we would have advised him to enter a counterclaim given that he has been left with permanent scarring, both physically and mentally He would then have had protection under the law against a large costs order.


The judge is clearly unhappy with Ms Brushett racking up disproportionate "costs" of c£100,000 unreasonably under the circumstance (vs £10,000 indicated by the judge). If she proceeds the way it seems to be going, chance is that most if not all the excess claimed will be rejected, with shortfall resulting may or may not be covered by her insurer. If not, she might have to eat some/all herself, depending on prior agreement between her and her lawyers. Additionally, her "damages" awarded, which is merely £4300 (presumably 50% of £8600 to account for 50:50 blame allocation), is going to be decimated by his lawyers' costs at the third hearing.

Hence it is far too early to say whether Ms Brushett will end up with anything. If not, it would be poetic justice for Ms Brushett, imho.

Consequently, it is also too early to say if she had/has "better" counsel. :whistle:
 
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