Cyclist 50% to blame for hitting pedestrian
Re: Cyclist 50% to blame for hitting pedestrian
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....
Perhaps I'd better not say what springs to mind....
Suppose that this room is a lift. The support breaks and down we go with ever-increasing velocity.
Let us pass the time by performing physical experiments...
--- Arthur Eddington (creator of the Eddington Number).
Let us pass the time by performing physical experiments...
--- Arthur Eddington (creator of the Eddington Number).
Re: Cyclist 50% to blame for hitting pedestrian
The female victim cannot remember any details of the accident because she is suffering from post traumatic amnesia!!
Re: Cyclist 50% to blame for hitting pedestrian
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.
"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.
Re: Cyclist 50% to blame for hitting pedestrian
Yes, reminisecent of the Allison case. The moral is: If someone steps out in front of you...STOP
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Re: Cyclist 50% to blame for hitting pedestrian
Ellieb wrote:Yes, reminisecent of the Allison case. The moral is: If someone steps out in front of you...STOP
This
Re: Cyclist 50% to blame for hitting pedestrian
Legally, could he put in a counter claim? He was also knocked out and presumably had damaged bike etc
Re: Cyclist 50% to blame for hitting pedestrian
robing wrote: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.
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Re: Cyclist 50% to blame for hitting pedestrian
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.
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.
Re: Cyclist 50% to blame for hitting pedestrian
Yet another Zombie pedestrian's brainwashed to be fixated to their tech, these idiots need to take full responsibility for their stupidity and actions.
Re: Cyclist 50% to blame for hitting pedestrian
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.
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Re: Cyclist 50% to blame for hitting pedestrian
hemo wrote: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.
Re: Cyclist 50% to blame for hitting pedestrian
robing wrote: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
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Re: Cyclist 50% to blame for hitting pedestrian
mercalia wrote:robing wrote: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.
Re: Cyclist 50% to blame for hitting pedestrian
About to be discussed on lbc by nick ferrari (well known for being anti cyclist)
Re: Cyclist 50% to blame for hitting pedestrian
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.
John