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To think this was quite unfair

(115 Posts)
TerriBull Fri 21-Jun-19 11:39:51

Woman steps out into the road whilst looking at phone, and is hit by cyclist. Judge has ruled that the cyclist has to pay the woman compensation. The cyclist wasn't insured, maybe cyclists should be the way some of them career about quite thoughtlessly, sometimes on pedestrian thoroughfares. However not in this instance. The young man now faces financial ruin. I think the ruling was somewhat ridiculous shouldn't the onus be on pedestrians to cross the road with due awareness, certainly not looking a phone shock

Any thoughts on the matter?

Hermia46 Sat 22-Jun-19 12:48:08

Worst RTC I ever witnessed was a pedestrian, on her phone, who stepped out at traffic lights to be hit by a car driver, who had right of way on green, The young lass was catapulted via the windscreen onto the road. Catastrophic head injuries were the result. The poor driver didn't know what had happened and the injured pedestrian was left with permanent cerebral damage. All because she was not concentrating.

Tillybelle Sat 22-Jun-19 12:10:56

This sounds grossly unfair. I wasn't there - I don't know all the circumstances. But if it's as you say, then it is very wrong, so, surely the cyclist can do something?

Saggi Sat 22-Jun-19 12:00:16

I have just got myself an e- bike and it’s great.... but the intolerable amount of people just strolling along my cycle paths.. with a pedestrian path next to it,.. is incredible!! They walk about with phones in hand , earphones on head, chatting to friends, dragging kids and pushing proms..ALL. without the courtesy of putting their phones away. It’s diabolical behaviour. And on bin days... out come the bins to sit on the cycle paths! Reading all these posts I’m definitely going to look into cyclists insurance. Because I’m convinced it’s only a matter of time before I hit someone... and this being the litigious age it is... that’ll be me bankrupt!

knspol Sat 22-Jun-19 11:48:11

I think it would be great if a solicitor would give services pro bono to the cyclist and counter sue/appeal. What must that woman be like as a person when she was totally in the wrong, both parties injured and yet SHE sues HIM??? Difficult to believe!

Aepgirl Sat 22-Jun-19 11:46:08

The pedestrian was 100% to blame. She was not taking proper precautions when crossing the road - I can only think that she employed a really expensive solicitor. Locally, a gentleman using his mobility scooter was run into by a jogger on the phone, causing the disabled man to take evasive action and crashing into a brick wall. The jogger just ‘jogged on’.

suziewoozie Sat 22-Jun-19 11:34:30

HurdyGurdy what a lovely thing to say - as I’ve tried to explain I’m not anti-cyclist and certainly don’t like the sound of the pedestrian in this case but I just wanted people to think a bit about the bigger picture.

suziewoozie Sat 22-Jun-19 11:31:36

The pedestrian in this case would have had to have paid compensation to the cyclist but he didn’t put a claim in.It’s not the job of the courts to put claims in for people who don’t do it for themselves. He may not be a villain but he’s certainly not the sharpest knife in the block is he? He sounds a bit of a drip really but I’m glad people are happy to crowdfund him. I am a bit surprised that some people don’t think he should have got himself some legal advice though.

HurdyGurdy Sat 22-Jun-19 11:25:09

suziewoozie - "What I haven’t seen mentioned is the fact that there is no compulsory insurance for cyclists - imagine if it had been all his fault and she had been disabled for life."

I must admit I had never considered this. I don't cycle on public roads that much, mostly in country parks or dedicated traffic free cycle routes, but I do have to use two quiet residential roads to get to the cycle lane I use to get to work. However, it only takes one small wobble and the consequences could be disastrous.

I am now going to be looking into getting insurance, so thank you for raising that.

Dianehillbilly1957 Sat 22-Jun-19 11:21:43

UNBELIEVABLE! We're all responsible for our actions!
If you're gawking at your phone, it's your responsibility to look out for yourself & be aware of what's going on around you. Not blame others for your carelessness.
Every action has a reaction!!
The judge is an ass! Why are these out of touch people in their jobs??
Hope the cyclist concerned gets something sorted, really feel for him..

annab275 Sat 22-Jun-19 11:16:14

someone has set up a go fund me page for him with a target of £20,000. It is now at over £36,000 a day later. Just shows how many people are on the cyclist's side. He didn't want to sue as he against the 'claim culture'. Of course am on his side.

blondenana Sat 22-Jun-19 11:06:12

I feel sorry for this cyclist too, it was the womans fault in my opinion
I was a cyclist for years and i was coming to a crossroads one day when the lights were on green, when a car came hurtling from where the lights were red, he had skipped the red light and hit me, he said he didn;t see me as a lorry was cutting his view out, but he shouldn[t have been trying to skip the lights
I dislocated my shoulder and had whiplash,
Never thought of doing anything about it, although i needed a lot of physiotherapy,wished i had after, as i couldn;t work for a while, and didn;t get the cars reg

Septimia Sat 22-Jun-19 11:01:47

Yes, some cyclists are idiots with regard to cars and pedestrians, and some car drivers and pedestrians are idiots too. I used to cycle in an urban area before cycle paths and always tried to find quiet roads because it was too scarey on the main routes!

One thing that annoys me about cyclists is those who ride on the road (practising for road races?) when there's a perfectly good cycle path right next to them.

Lxrl Sat 22-Jun-19 10:57:32

Gosh I cycle (occasionally) with my 3 year old on the back of my bike. I am a safe, careful cyclist but if someone suddenly stepped infront of me, much like if someone suddenly stepped in front of a car, it'd most likely be too late to stop. That being said I cycle very slowly with the added weight of a child, so not sure if do much more damage than annoying someone!
I do think compulsory cyclist insurance would protect both cyclists and pedestrians. Unfortunate situation but I don't think the cyclist is really at fault

moggie57 Sat 22-Jun-19 10:55:40

i think the mobile user should pay the cylist as he was the one who was hurt, and he was in the right as the light was green for him to go.daft cow should look where she going and not at her mobile. i remember shoving some man out of the way of an oncoming tram.. he swore i pointed TRAM . didnt say thanks or anyting just a scowl. luckily passing policeman saw what happened and told him off ,told him he could have been dead had i not pushed him out the way.

TerriBull Sat 22-Jun-19 10:52:44

Yes I sympathise Suziewoozie, I too have nearly been mowed down a couple of times by crazed cyclists in a pedestrian thoroughfare in my nearby town, once by an older woman who couldn't manoeuvre her bike very well, she was going slowly, I pointed out the "no cycling signs" she replied "I know what I'm doing" as she rode into my leg angry I wasn't hurt because I grabbed her handlebars. I very much agree about cyclists taking out insurance to cover any liability they may have when accidents occur.

suziewoozie Sat 22-Jun-19 10:47:54

Cyvlingknitter I hope you don’t think that I was just being critical of cyclists. I’ve also had two narrow squeaks - one as a motorist with another vehicle and one as a pedestrian with a car - in both of which I would have been the innocent ‘victim’. But I do think his comments on not liking the ‘sue’ them culture were very naive. He obviously doesn’t like the ‘insurance’ culture either. I know that there has been a dreadful increase in the ‘no fee no win’ culture ( fuelled in parts by cuts to legal aid) but surely he( or you) don’t believe that innocent victims should not be able to sue if there is negligence? I’m talking about the general point here, not this specific case.

As for cycling friendly countries like the Netherlands and Denmark, cycling is very different there - not just the infrastructure but the land itself and the types of bikes people ride and the whole culture. We couldn’t replicate that

Pat1949 Sat 22-Jun-19 10:35:06

Cyclists do need insurance to protect themselves as much as anyone else.

Guineagirl Sat 22-Jun-19 10:34:00

I cycle everyday and believe me I have encountered people crossing without looking whilst on their phone. I drive as well so I am very watchful of peoples behaviour. Some cyclists especially the Lycra brigade ride too fast. I have in the last two weeks being nearly knocked off twice, drivers not stopping at roundabouts to give way to me, riding a bike you have to overthink others behaviour all the time as it does safe your life.

Johno Sat 22-Jun-19 10:30:08

In my experience, you never get all the facts from a report and literally have to be in the courtroom before you can speak with authority. But on face value, this matter is easily appealable. There is clear evidence to show the person on the phone, as reported, has not acted in a way to ensure her own safety and show a duty of care to others. Negligence is quantifiable by A duty of care - breach of that duty - damages from such a breach. This could go as low as "Contributary Negligence" ... but in my view a winnable case on appeal.

jocork Sat 22-Jun-19 10:13:57

I went on the site to donate but the target has been exceeded. I've shared on facebook though as there needs to be more awareness amongst cyclists who may need to consider insurance, especially if they regularly cycle in towns and cities.
My DS cycles everywhere as he doesn't drive. He was once knocked off his bike by a motorist who overtook him on a steep downhill then turned left across his path. Although she stopped to see if he was OK and admitted it was her fault, he was pretty dazed after going over her bonnet and didn't realise how hurt he was or how damaged his bike was, so he let her go without taking her details. He ended up having to pay all his repair costs - difficult as he was a student at the time! Fortunately he only suffered minor injuries which healed quickly, but he was very lucky!
I'll be suggesting he considers insurance.

maxdecatt Sat 22-Jun-19 10:08:57

I understand that in Holland it is the law that cyclist have the right of way over everything else, pedestrian or vehicle. (Some say, even over crawling babies!) That said, cyclists are generally idiots that once their bum is on the saddle belive that they are king of the road. All the lycra cladding seems to invigorate them, change their character and adopt attitudes that a good kicking would resolve. It is not uncommon to see cyclist on their mobiles and/or listening to music on headphone...oblivious of all other traffic. The worst of the lot are the cycling clubs that try to take over the roads for training runs, as if they are using their personal sports stadium and all others are trespassing. Make it law that cyclists be licensed to cycle on the public highway, pay road tax and be fully insured.

CyclingKnitter Sat 22-Jun-19 10:03:01

You can tell by my - what's it called - a moniker? a handle? an alias? well, just my name, that I cycle. I get really annoyed by the "cyclists vs car drivers" debate. I'm also a driver and have in the past got my motorbike licence and even rode one for a while. Cyclists are car drivers and vice versa. It's just that some people are idiots. I detest cyclists who ride on the pavements (unless they're very little people) or who use headphones or mobiles when they're riding. They make life dangerous for other cyclists. I also detest car drivers who are careless and sometimes actively aggressive towards cyclists. I've had people deliberately driving their cars at me, cutting me off on purpose and the close pass is a regular occurrence. The problem is that people on bikes (and pedestrians) are killed by people in cars, whilst the reverse is so rare that if it does happen it's splashed all over the media. We're used to people being killed by people driving a car, so we don't pay it much attention any more.

The solutions are so simple - build proper cycling infrastructure (like this, perhaps, rather than this). Then we could all feel safe, get exercise, enjoy the fresh air, travel cheaply and contribute our little bit to avoiding the climate emergency.

I feel really sorry for this young man. He was a bit daft not seeking legal advice, though I understand he doesn't like the "sue them" culture, which I sympathise with.

Rocknroll5me Sat 22-Jun-19 09:54:09

My iPhone disables the phone and social media when I’m driving. Perhaps it should also do this when walking. I must say I automatically stop if I’m walking and phone rings or I want to check SM. This feature doesn’t stop in car navigation for phone calls nor would it stop talking on phone once connected. It’s the using of the eyes that is dangerous.

suziewoozie Sat 22-Jun-19 09:43:51

Well the lawyers will be happy as they will be the ones that will lose out if he can’t pay their bills.

SueDoku Sat 22-Jun-19 09:41:55

The gofundme page has reached over £35,000 now..! Seems that a lot of people agree with us..! smile