Pedestrian looking at phone hit by cyclist gets compensation

[theclaud]

No cars involved

Right - the Green Cross Code and Tufty and all that bollocks is nowt to do with cars. Got it.

 

[bigjim]

It's all part of the endless campaign to teach people to get out of the way of cars. I see it's worked on you.

Or to teach people not to allow themselves be killed or injured. Especially our precious children and grandchildren. What example do these careless phone addicted adults set?

 

[nickyboy]

Here's a thought experiment.

You're cycling along, minding your own business when you spot a group of small children on a school trip standing by the side of the road. You have right of way. When you see them do you:

a) Continue riding as if they weren't there
b) Slow down because they're kids and kids may do unpredictable things like walking out into the road.

Now of course people will say "adult pedestrians aren't small children and should know better". Of course that's true. But whether they should know better or not isn't relevant. What matters is whether you, the cyclist, might reasonably expect somebody (a kid, an adult, whatever) to do something unpredictable and modify your cycling accordingly

 

[Deleted member 26715]

Right - the Green Cross Code and Tufty and all that bollocks is nowt to do with cars. Got it.

Quiet day in the dark place?

 

[Kempstonian]

It's all part of the endless campaign to teach people to get out of the way of cars. I see it's worked on you.

Isn't keeping out of the way of cars a good idea when you are a pedestrian? You're only going to lose in an accident situation. That woman was lucky she stepped in front of a bike and not a car.

 

[Johnno260]

I think main issue is the disproportionate compensation.

Also as I said before, he had more witnesses saying she was in the wrong.

Hitting a ped should be avoided ofc, but if they’re paying zero attention and step into a road that has a green light then sorry root cause of the incident is her.

I don’t mean to sound like an uncaring tool but if she had paid attention this whole issue would’ve been avoided.

In T Wells I see people run between parked buses all the time to cross the road to the train station how none of these morons has been killed is beyond me.

 

[classic33]

I think main issue is the disproportionate compensation.

Also as I said before, he had more witnesses saying she was in the wrong.

Hitting a ped should be avoided ofc, but if they’re paying zero attention and step into a road that has a green light then sorry route cause of the incident is her.

I don’t mean to sound like an uncaring tool but if she had paid attention this whole issue would’ve been avoided.

In T Wells I see people run between parked buses all the time to cross the road to the train station how none of these morons has been killed is beyond me.

She is reported as disagreeing with the cyclist(her witness) over what happenned.

But as can be seen from the piece given earlier. Her yoga instruction wasn't exactly what most people would think of if it were said to them. She was one half of a "company" that charged upwards of €300 per day, per person taking part.

She's run up a large legal bill, and seems prepared to bankrupt someone else to avoid paying it.

 

[nickyboy]

I think main issue is the disproportionate compensation.

Also as I said before, he had more witnesses saying she was in the wrong.

Hitting a ped should be avoided ofc, but if they’re paying zero attention and step into a road that has a green light then sorry route cause of the incident is her.

I don’t mean to sound like an uncaring tool but if she had paid attention this whole issue would’ve been avoided.

In T Wells I see people run between parked buses all the time to cross the road to the train station how none of these morons has been killed is beyond me.

The compensation isn't a lot.

What happened was she (the plaintiff) claimed compensation. He (the defendant) handled her claim himself without legal advice. He chose not to counterclaim. In doing so, he laid himself wide open to a claim for costs. If he lost (as he did) he would be liable for costs. If he had counterclaimed then there would probably have been an equitable split of costs on the basis his counterclaim would have probably been successful. He chose not to counterclaim. That was a big mistake

What has happened is the plaintiff's lawyers have made some crazy claim of £100,000. There is no way this will be successful. But for sure the defendant will have to pay costs because the judge has found in favour of the plaintiff. Having said that, I heard tonight that the crowdfunding of his legal costs was more than £40k which will, apparently, be more than the costs awarded

 

[RecordAceFromNew]

How much of a Cycling Expert does one need to be to understand that one shouldn't ride one's bike into a person (even an annoying person), and that if one does, one ought to answer for it? [Sorry about all the 'ones' - I sound like the farking queen]. This is a fairly depressing thread, with the majority of people swallowing a load of Dail Mail divide-and-rule propaganda. That sh*trag is biased against the pedestrian, not the cyclist, in this instance. Hence the extremely temporary BTL 'support' for the cyclist, and the 'yoga teacher' characterisation. See also 'phone zombie', 'snowflake' etc. We should stand up for pedestrians, not run them down - they are on the frontline here. This isn't an opinion on the costs, which do sound excessive. Good on @nickyboy and a few others for sticking up for streets as social space.

Personally, I see no reason to stand up for this particular pedestrian.

I think what is noteworthy about this case is not so much the right and wrong of the pedestrian (which is clear) or the cyclist (which is less clear, but given the location/time/reports of the circumstance, what the judge said rings true to me: "Even where a motorist or cyclist had the right of way, pedestrians who are established on the road have a 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.").

What is interesting about this case is how it was prosecuted. Frankly I am flabbergasted as to how Ms Brushett managed to rack up costs of c£100k. It is practically certain, given the Defendant is what many lawyers would call a "man of straw" financially, no insurer or no-win-no-fee ambulance chaser would have allowed it to happen, because there was little prospect of it ever being paid by the Defendant, never mind given the costs being well over 10 times the damages assessed, it would draw the ire of the court and be disallowed. It is also likely to draw negative attention from their regulatory bodies to her lawyers too - it simply makes no sense to me.

I think the likely root of all this, is that the Claimant's pocket is as deep as the Defendant's is shallow, and her prosecution, which evidently has been professionally advised so likely rejected, was even more poorly conducted than the Defendant's defence. The likely result, is not only has she gained notoriety nationally, she is also going to lose a lot of money for her vindictiveness too.

 

[fossyant]

You've got to predict the unpredictable when near others. Take shared use paths. I get miffed when folk have a dig when you've not got a bell, but you've slowed to walking pace and politely asked to pass. The fact that they didn't hear the bike over rough ground and splashing through puddles makes you realise they wouldn't have heard anyway. Headphones, and dogs on extending leads are another you have to be careful of.

Car drivers seem to get away with things like this. If the person had stepped infront of a car, you can bet the driver would be scott free.

Get insurance folks, crazy stuff like this does happen

 

[icowden]

look - the yoga instruction is fundamental to the story. that’s why most news outlets have run with a MASSIVE picture of the lady posing in her yoga gear. so that people can understand that this wasn’t just a personal injury story, but an injury to an attractive yoga teacher which will SELL LOTS OF PAPERS!!

Jouno’s at the daily fail must have thought they’d won the jackpot when they found the pictures.

 

[classic33]

look - the yoga instruction is fundamental to the story. that’s why most news outlets have run with a MASSIVE picture of the lady posing in her yoga gear. so that people can understand that this wasn’t just a personal injury story, but an injury to an attractive yoga teacher which will SELL LOTS OF PAPERS!!

Jouno’s at the daily fail must have thought they’d won the jackpot when they found the pictures.

What about CNN, Fox and the many other outlets that used them?

Pictures of someone who has filed her occupation as "None", in a company formed last year. Where she is the only name on current records.

 

[Cycleops]

Now we are told that the streets are 'social spaces' perhaps she can go and practice her yoga in the middle of the road.

 

[Kempstonian]

What about CNN, Fox and the many other outlets that used them?

Pictures of someone who has filed her occupation as "None", in a company formed last year. Where she is the only name on current records.

Like the Evening Standard (apparently website of the year ). There's a link on page 1 of this thread.

 

[DaveReading]

Pictures of someone who has filed her occupation as "None", in a company formed last year. Where she is the only name on current records.

I suspect that very few people actually make a living from teaching yoga, and I'd be surprised if she is among that number.

That said, the investment bank that she works for (according to her LinkedIn profile) seem to be under the impression that they still employ her as a Business Development Manager: https://www.vanguard.co.uk/adviser/adv/contact-us