Cyclist To Pay Compensation To Woman Who Walked Into Road While Looking At Mobile Phone.

[ladybirder]

Is the judge's verdict fair?

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

[jno]

ludwig, that's because a car in front is a known and avoidable risk: you can see it, so you're supposed to leave a sufficient gap to stop even if he does slam on his brakes.

But where should a cyclist ride to avert the possibility of a pedestrian stepping out in front of him? He did see her, he did sound a horn, and he did swerve to avoid her. Unfortunately for him, she swerved the same way at the last second.

If I could think of anything the cyclist did wrong I'd agree with the judge. But he did everything right. It looks as if the only practical alternative was to have stayed at home.

[spathiphyllum]

I agree JNO, or just disappear into thin air when she went in front of him. Maybe he could have done a little jump over her, maybe throw in a back flip.

[Baldric]

Er, // Both parties were knocked out by the impact of the crash near Cannon Street //

[ludwig]

I can only repeat what the judge said, which I presume must be legally correct..

// 'Even where a motorist or cyclist had the right of way, pedestrians who are established on the road have right of way. //

That may seem a bit unfair, but the law's got nothing to do with fairness. If the guy had run her down in a car I suspect people would have less sympathy.

[alavahalf]

How long does it take to be deemed ..'established'.. on the road.

[ludwig]

// How long does it take to be deemed ..'established'.. on the road. //

I don't think you need to have set up a tent there or anything, you just need to be on the road. The word 'established' is actually superfluous.

[ladybirder]

I've read everything you have all said and thank you for replying. However, there is no way I can see that this woman deserves compensation. She was not looking where she was going. He was. I think he should now appeal and if he loses then he should sue her right back.
Surely he can't lose if a judge has already ruled it was 50/50;-)

[Bazile]

Looking at you phone and not paying attention where your'e going , does appear to be not uncommon these days

[Bazile]

This one is suing




https://www.dailymail.co.uk/news/article-1348923/Texting-shopper-fell-mall-fountain-sues-security-guards-laughing.html

[Bazile]

https://www.dailymail.co.uk/news/article-1348923/Texting-shopper-fell-mall-fountain-sues-security-guards-laughing.html

[ludwig]

// She was not looking where she was going. He was. I think he should now appeal and if he loses then he should sue her right back.
Surely he can't lose if a judge has already ruled it was 50/50;-) //

Yes, the judge ruled they were equally to blame. I think the only reason she's getting the payout is because she was the one suing for it, so they've said he's half to blame so you get half the payout.

If he'd have been suing her also, which he might well have done, the court would probably have said at that point, you're both equally to blame so you both get nothing.

[ladybirder]

I think I'm getting a headache now Ludwig;-)

[shoota]

A green light only gives you the right to proceed if the junction is clear and it is safe to do so.
Given the comments of the other cyclist that the judge discounted, I would say this cyclist has decided he's going through regardless.
I'd split it 60/40 in favour of the pedestrian.

[anotheoldgit]

What about if a vehicle pulls out of a side road in front of you, is that your fault for not stopping and giving way to him?

[spathiphyllum]

"Given the comments of the other cyclist that the judge discounted, I would say this cyclist has decided he's going through regardless. "

The other cyclists comments were outweighed by a number of pedestrian witnesses. Anyhow, that cyclist would have been concentrating on his own riding, rather than the pedestrians who were concentrating on the road they were trying to cross.

The judge even said if the woman was on her phone she is more to blame. Many witnesses upheld this fact. So IMO... it's 60/40 in favour of the bike.

[spathiphyllum]

[agchristie]

Ladybirder //Surely he can't lose if a judge has already ruled it was 50/50;-)//

I wouldn't be so sure. Appealing judgments can sometimes be a risky business.

I don't know if an appellant court in this case can increase damages as opposed to quashing the original judgment?

[jno]

this isn't a criminal charge, just a civil case for compensation; the lady may have injured her downward dog or similar. If he's suffered some loss, he could sue her for it, and for all I know has already done so.

[hereIam]

I'm not a big fan of cyclists, particularly when they speed past me on the pavement, BUT I think this was her fault, she should have been looking where she was going!

[douglas9401]

Still at 'warrior pose', I'll get back to you.