Cyclist 50% to blame for hitting pedestrian

Bonefishblues
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Re: Cyclist 50% to blame for hitting pedestrian

Postby Bonefishblues » 25 Jun 2019, 3:51pm

mjr wrote:I can't feel too much joy in the courts objecting to that behaviour by a cyclist when we don't see motorists getting punished for it as harshly.

If a driver drove towards crossing pedestrians and sounded their horn, continuing to drive on and knocked a pedestrian unconscious I expect they would have been charged with a criminal offence. No criminal charges were brought here.

Because a driver, I further expect that a personal injury claim would have been settled by their insurers direct, as opposed to a civil action having to be brought.

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Re: Cyclist 50% to blame for hitting pedestrian

Postby PH » 25 Jun 2019, 3:53pm

Bonefishblues wrote: No criminal charges were brought here.

The police investigator thought it was 50/50

Bonefishblues
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Re: Cyclist 50% to blame for hitting pedestrian

Postby Bonefishblues » 25 Jun 2019, 3:56pm

PH wrote:
Bonefishblues wrote: No criminal charges were brought here.

The police investigator thought it was 50/50

This is the relevant passage:

The police investigator who attended the scene and spoke to all of the witnesses concluded that both the Claimant and the Defendant were to blame.

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Re: Cyclist 50% to blame for hitting pedestrian

Postby PH » 25 Jun 2019, 4:04pm

Bonefishblues wrote:
PH wrote:
Bonefishblues wrote: No criminal charges were brought here.

The police investigator thought it was 50/50

This is the relevant passage:

The police investigator who attended the scene and spoke to all of the witnesses concluded that both the Claimant and the Defendant were to blame.

Yes, hard to see how you think you'd get a criminal conviction from that.

fastpedaller
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Re: Cyclist 50% to blame for hitting pedestrian

Postby fastpedaller » 25 Jun 2019, 4:13pm

The comment "If any wider good has come from this case it is that the publicity may encourage cyclists to take out insurance to protect themselves in the event that their riding causes someone to suffer injury." seems to miss the safety point entirely. A bit like saying "all cross the road talking on your mobiles with no concern for traffic, and ride it like you stole it" because if anything happens the insurance will cover you. A bit like the driving behaviour of some motorists I guess!

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Re: Cyclist 50% to blame for hitting pedestrian

Postby Bonefishblues » 25 Jun 2019, 4:47pm

PH wrote:
Bonefishblues wrote:
PH wrote:The police investigator thought it was 50/50

This is the relevant passage:

The police investigator who attended the scene and spoke to all of the witnesses concluded that both the Claimant and the Defendant were to blame.

Yes, hard to see how you think you'd get a criminal conviction from that.

Are you asking my personal opinion? If so, on what, exactly?

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Re: Cyclist 50% to blame for hitting pedestrian

Postby Bonefishblues » 25 Jun 2019, 4:49pm

fastpedaller wrote:The comment "If any wider good has come from this case it is that the publicity may encourage cyclists to take out insurance to protect themselves in the event that their riding causes someone to suffer injury." seems to miss the safety point entirely. A bit like saying "all cross the road talking on your mobiles with no concern for traffic, and ride it like you stole it" because if anything happens the insurance will cover you. A bit like the driving behaviour of some motorists I guess!

Or a momentary lapse of concentration, which can happen. I don't for a moment imagine that his intention was to encourage reckless riding.

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Re: Cyclist 50% to blame for hitting pedestrian

Postby fastpedaller » 25 Jun 2019, 5:03pm

Bonefishblues wrote:
fastpedaller wrote:The comment "If any wider good has come from this case it is that the publicity may encourage cyclists to take out insurance to protect themselves in the event that their riding causes someone to suffer injury." seems to miss the safety point entirely. A bit like saying "all cross the road talking on your mobiles with no concern for traffic, and ride it like you stole it" because if anything happens the insurance will cover you. A bit like the driving behaviour of some motorists I guess!

Or a momentary lapse of concentration, which can happen. I don't for a moment imagine that his intention was to encourage reckless riding.


I see your point.
I'm reminded of the few occasions when we've had Fire Service strike action, and the advice given "be careful not to cause fires to start " :lol:

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Re: Cyclist 50% to blame for hitting pedestrian

Postby Bonefishblues » 25 Jun 2019, 5:05pm

fastpedaller wrote:
Bonefishblues wrote:
fastpedaller wrote:The comment "If any wider good has come from this case it is that the publicity may encourage cyclists to take out insurance to protect themselves in the event that their riding causes someone to suffer injury." seems to miss the safety point entirely. A bit like saying "all cross the road talking on your mobiles with no concern for traffic, and ride it like you stole it" because if anything happens the insurance will cover you. A bit like the driving behaviour of some motorists I guess!

Or a momentary lapse of concentration, which can happen. I don't for a moment imagine that his intention was to encourage reckless riding.


I see your point.
I'm reminded of the few occasions when we've had Fire Service strike action, and the advice given "be careful not to cause fires to start " :lol:

Yeah, all that fast and loose firestarting just has to be curbed whilst the lads with the poles were manning the braziers :D

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Re: Cyclist 50% to blame for hitting pedestrian

Postby gaz » 25 Jun 2019, 7:31pm

Commentary of the judgement here: https://clinicalnegligencebarrister.wor ... -judgment/

Further link at the foot of that blog.
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Re: Cyclist 50% to blame for hitting pedestrian

Postby Vorpal » 25 Jun 2019, 9:27pm

gaz wrote:Commentary of the judgement here: https://clinicalnegligencebarrister.wor ... -judgment/

Further link at the foot of that blog.

tatanab posted that on the previous page. :D
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Re: Cyclist 50% to blame for hitting pedestrian

Postby Bonefishblues » 25 Jun 2019, 9:31pm

Vorpal wrote:
gaz wrote:Commentary of the judgement here: https://clinicalnegligencebarrister.wor ... -judgment/

Further link at the foot of that blog.

tatanab posted that on the previous page. :D

That's the judgement. It wasn't in the earlier link as far as I could see, only the account of the Claimant's Barrister, which is also linked at foot of page.

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Re: Cyclist 50% to blame for hitting pedestrian

Postby Vorpal » 25 Jun 2019, 9:39pm

OK. I read it earlier. Maybe I followed the link from one to the other, or something. :oops:
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Re: Cyclist 50% to blame for hitting pedestrian

Postby Bonefishblues » 25 Jun 2019, 9:49pm

Vorpal wrote:OK. I read it earlier. Maybe I followed the link from one to the other, or something. :oops:

Worth a read as it details a lot of the witness evidence.

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Re: Cyclist 50% to blame for hitting pedestrian

Postby PH » 25 Jun 2019, 10:49pm

Bonefishblues wrote:
PH wrote:
Bonefishblues wrote:This is the relevant passage:

The police investigator who attended the scene and spoke to all of the witnesses concluded that both the Claimant and the Defendant were to blame.

Yes, hard to see how you think you'd get a criminal conviction from that.

Are you asking my personal opinion? If so, on what, exactly?

Not really, just idle chat. With all the speculation earlier in the thread being that a motorist would have been treated more leniently, I thought it odd you'd speculate the opposite.