Pedestrian looking at phone hit by cyclist gets compensation

[T675Rich]

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]

"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]

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]

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).

 

[MichaelW2]

This is why you need that free 3rd party insurance that comes with club membership. Damaged don't have an upper limit.

 

[Arjimlad]

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.

 

[CXRAndy]

Seems worthy of an appeal. Whilst pedestrians have right of way once on carriageway, there is a care of duty by the pedestrian to make sure its safe to cross. Looking at your phone whilst crossing isn't taking take care.

 

[Crackle]

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]

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.

 

[PaulB]

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]

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!

 

[Smudge]

Its a complete travesty that the cyclist can be found 50% responsible and have to pay compo, makes me wonder if the judge had a prejudice against cyclists.
Its also put out a great message to zombies..... Carry on in your self absorbed little world, the rest of us will just have to be responsible for your safety.

 

[Ian H]

... How can cyclists legislate for the actions of unpredictable zombie pedestrians...

By not causing panic with aggressive use of an airhorn; by riding sensibly in a congested area with pedestrians, who are predictably unpredictable (like a lot of cyclists).

 

[glasgowcyclist]

By not causing panic with aggressive use of an airhorn;

That's why I fitted a bell, using an airhorn on pedestrians is not a good idea. Against motorised traffic it's great but pedestrians don't need to be scared out of their wits by one.

Oh, and a non-DM link to the story https://www.standard.co.uk/news/lon...s-she-crossed-road-on-her-phone-a4169716.html

 

[recumbentpanda]

I look forward to the logical extension of this principle of ‘presumed liability for cyclists’ to car drivers.