Cyclist 50% to blame for hitting pedestrian

[661-Pete]

Well, I just looked at the Torygraph link, and, unlike the Grauniad, it includes a piccy (two piccies in fact) of said female victim.

Perhaps I'd better not say what springs to mind....

[robing]

The female victim cannot remember any details of the accident because she is suffering from post traumatic amnesia!!

[kwackers]

Having a quick read I noticed this.

"but the cyclist, who had been travelling at between 10-15mph, swerved in the same direction and hit her.

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

10-15mph? Yet he had time to sound his horn and shout and swerve? Plus she had time to turn around and head back?

At 10-15mph stopping is in the order of a couple of seconds tops over perhaps 20 feet.
It sounds suspiciously like he left the braking until the last second preferring shouting and horn at the person who was in his bit of road.
Nothing unusual about that, it's the preferred method of most vehicle operators, car, bike, lorry, bus.
But in every case it's plain wrong. Brake first, shout later.

[Ellieb]

Yes, reminisecent of the Allison case. The moral is: If someone steps out in front of you...STOP

[Bonefishblues]

Yes, reminisecent of the Allison case. The moral is: If someone steps out in front of you...STOP

This

[robing]

Legally, could he put in a counter claim? He was also knocked out and presumably had damaged bike etc

[kwackers]

Legally, could he put in a counter claim? He was also knocked out and presumably had damaged bike etc

I think that's how the 50% thing works, he would have course only get 50% of his payout.

Be interesting to see how costs are apportioned.

[Bonefishblues]

I think that you are misreading it.

The cyclist was found to be liable. Her compensation will be reduced by 50% because of her contributory negligence.

He could claim, but he would get nowhere.

[hemo]

Yet another Zombie pedestrian's brainwashed to be fixated to their tech, these idiots need to take full responsibility for their stupidity and actions.

[PH]

I've read the Guardian report, there's not enough information there to form an opinion other than that what the judge has been quoted as saying sounds reasonable to me.

[Bonefishblues]

Yet another Zombie pedestrian's brainwashed to be fixated to their tech, these idiots need to take full responsibility for their stupidity and actions.

Your usenof "Yet another" rather explains why the Judge ruled as she did. It was reasonably foreseeable that someone would step out. Road users have to legislate for that. He didn't, so he hit her. She's also negligent, hence the reduction in her compensation, but that's a separate matter.

[mercalia]

Legally, could he put in a counter claim? He was also knocked out and presumably had damaged bike etc

Making a ruling that both parties were equally responsible, she said Ms Brushett should get half the full value of her claim, which was undisclosed.

what a crazy viewpoint? surly the cyclist should get the other half of the claim against her as she was 50% responsible, so they cancel out?

Its about time that that zombies were stopped. The number of times I have had to negotiate past them as a pedestrian I cant remember.it should be just as bad as driving using your mobile phone

[Bonefishblues]

Legally, could he put in a counter claim? He was also knocked out and presumably had damaged bike etc

Making a ruling that both parties were equally responsible, she said Ms Brushett should get half the full value of her claim, which was undisclosed.

what a crazy viewpoint? surly the cyclist should get the other half of the claim against her as she was 50% responsible, so they cancel out?

Its about time that that zombies were stopped. The number of times I have had to negotiate past them as a pedestrian I cant remember.it should be just as bad as driving using your mobile phone

I'm going away to re-read the account I think.

[robing]

About to be discussed on lbc by nick ferrari (well known for being anti cyclist)

[Oldjohnw]

There's nothing new about a claim being reduced because of the claimant's contributory negligence. Happens in road and other accidents with cars all the time. It always seems unfair but there it is. The cyclist does have responsibility as does the pedestrian.