Pedestrian looking at phone hit by cyclist gets compensation

[middleagecyclist]

Few years ago i cycled into a pedestrian who stepped into the road. I got bad facial injuries and 40 mins of amnesia (could only recall from the point of getting into the ambulance which I could work out by my etrex). Just passed a parked van, saw the ped on the pavement with his back to the road, realized I was in a left turn lane so glanced rt shoulder to merge back into main traffic, on looking forward realized the ped had stepped off the high kerb onto the road. I was doing <10mph, knew I was going to hit him despite hard braking and then...witnesses say I took him out and then face planted the kerb. I have no memory of the event. Lost half a tooth, got a nasty periorbital haematoma and multiple facial abrasions, front wheel wrecked and forks twisted. The ped had general aches but no serious injuries. I tried to get ped details to sue but the Police were not forthcoming after the event. Officer at the scene though was great and made clear all the witnesses said I had no chance to avoid collision. Lesson? Every thing which has ability to move is a potential killer. Glad I had insurance though in case the ped made out I was at fault.

 

[T4tomo]

I guess you missed this part from the article then:

"Mr Hazeldean had come through a green traffic light, and had sounded a loud airhorn attached to his bike, as well as shouting, swerving and braking in a bid to avoid the pedestrian"

No reference to braking in the Evening Standard article.

 

[alicat]

Few years ago i cycled into a pedestrian who stepped into the road. I got bad facial injuries and 40 mins of amnesia (could only recall from the point of getting into the ambulance which I could work out by my etrex). Just passed a parked van, saw the ped on the pavement with his back to the road, realized I was in a left turn lane so glanced rt shoulder to merge back into main traffic, on looking forward realized the ped had stepped off the high kerb onto the road. I was doing <10mph, knew I was going to hit him despite hard braking and then...witnesses say I took him out and then face planted the kerb. I have no memory of the event. Lost half a tooth, got a nasty periorbital haematoma and multiple facial abrasions, front wheel wrecked and forks twisted. The ped had general aches but no serious injuries. I tried to get ped details to sue but the Police were not forthcoming after the event. Officer at the scene though was great and made clear all the witnesses said I had no chance to avoid collision. Lesson? Every thing which has ability to move is a potential killer. Glad I had insurance though in case the ped made out I was at fault.

That's terrible. I would give it a 'like' if it didn't give the wrong impression.

 

[NorthernDave]

One correspondents take on this:

Telegraph: It's time to ban walking under the influence of smartphones.
https://www.telegraph.co.uk/health-fitness/mind/time-ban-walking-influence-smartphones/

 

[nickyboy]

One correspondents take on this:

Telegraph: It's time to ban walking under the influence of smartphones.
https://www.telegraph.co.uk/health-fitness/mind/time-ban-walking-influence-smartphones/

Tbh in London I am walking and looking at my phone a hell of a lot of the time.

I use Google maps to navigate around. It's by far the most efficient way. It's very easy to become unaware of your surroundings while doing this

Phones are here to stay, you can't effectively ban their use while walking (all I would do is use an a to z which is even worse). We all just have to accept and get used to the phone zombies and modify our behaviour accordingly

 

[benb]

I also frequently look at my phone whilst I am walking. I don't think this is an issue.
What I don't do is just wander into the road still looking at it, not having checked properly for traffic.

 

[classic33]

Tbh in London I am walking and looking at my phone a hell of a lot of the time.

I use Google maps to navigate around. It's by far the most efficient way. It's very easy to become unaware of your surroundings while doing this

Phones are here to stay, you can't effectively ban their use while walking (all I would do is use an a to z which is even worse). We all just have to accept and get used to the phone zombies and modify our behaviour accordingly

When was the last time you saw an A to Z, or similar, being used as much as a phone.

 

[skudupnorth]

I see phone zombies everywhere on the commute to work, they are like skittish lemmings looking at their precious phones and not taking any notice of their surroundings. This poor cyclist is the victim and the judge is obviously a typical arse who does not like cyclists.
He has basically opened the flood gates to all the stupid people who through their own fault, get injured and then can blame someone else for their stupidity !
What would have happened if she had walked in front of a car ? What would have happened if the cyclist ended up under a car after she had caused the accident ? I would sue her back and make sure the press have a field day like they have for this innocent cyclist to warn other phone zombies that stupid people shouldn’t benefit from their own actions

 

[DaveReading]

This poor cyclist is the victim and the judge is obviously a typical arse who does not like cyclists.

He has basically opened the flood gates to all the stupid people who through their own fault, get injured and then can blame someone else for their stupidity !

She has indeed ...

 

[Stephenite]

There was a case in here in Norway a few years back where a cyclist went into the back of a car that had stopped in the middle of the road. There was an incident during the Lillehammer to Oslo ride and the driver stopped to help the crashed riders in front of him. The driver was found liable under the objective responsibility (presumed liability) law. But the cyclist got a 25% reduction in his payout because he should have been looking where he was going.

The judge in this case seems to have decided England is going to have a objective responsibility (presumed liability) law. Great! But as it's been said upthread. This ought to go for everyone not only cyclists.

 

[fossyant]

Don't get me started on phone zombies on trails/bridleways - the ruddy creatures have found them too.

 

[SkipdiverJohn]

Tbh in London I am walking and looking at my phone a hell of a lot of the time.

I use Google maps to navigate around. It's by far the most efficient way. It's very easy to become unaware of your surroundings while doing this

So you think that just because you act like a complete idiot when out on the street that everyone else should watch out for you because you are too stupid & irresponsible to take care of your own safety?
How about doing what normal sensible people do when they want to read a map; stop walking, stand still, get your bearings, put the map/phone away, then start walking again?

 

[sheddy]

I also frequently look at my phone whilst I am walking. I don't think this is an issue.
What I don't do is just wander into the road still looking at it, not having checked properly for traffic.

So look at where you are going and listen to the audio instructions....

 

[Pat "5mph"]

How about doing what normal sensible people do when they want to read a map; stop walking, stand still, get your bearings, put the map/phone away, then start walking again?

This method works with paper maps, up to a point.
Well, if you have a long street to follow, otherwise you need to consult more often.
However, one needs to walk with Google map: it will show you the way from your current position.
If you stop, the wee Google man stops too, stuck in repeating "turn left, turn left..."
If you don't turn, you don't get the next set of instructions.

 

[numbnuts]

Cyclist faces bankruptcy after he is forced to pay £100k in court costs and compensation because he was not insured
sorry it's the Mail
https://www.dailymail.co.uk/news/ar...ga-teacher-Gemma-Brushett-knocked-London.html