Forum Topic

I would have thought, that if the judge had thought that the cyclist was riding too fast for the conditions, she (not he as the Mail blindly assumed) would have said so.She went on to say that  'Mr Hazeldean did fall below the level to be expected of a reasonably competent cyclist in that he did proceed when the road was not completely clear.' But the reason the road was not completely clear was that the pedestrian had blundered into it whilst staring at her mobile - and I appreciate that the judge will have had a more detailed report on the incident than was reported in the paper. Crucial, I think, should have been how long before the incident had the pedestrian walked out (this is sort of implied by the judge's comment about pedestrians who are established on the road having right of way).There's a slightly more detailed report in the Telegraph (https://www.telegraph.co.uk/news/2019/06/18/yoga-teacher-stepped-road-looking-mobile-phone-wins-damages/ - paywall) which, whilst managing to shoehorn in a piece of clickbait in a totally irrelevant photograph of the pedestrian wearing a bikini at the head of the article, also reported that "the cyclist, who had been travelling at between 10-15 mph, 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," adding that  the cyclist was "a calm and reasonable road user" who was "courteous and mild-mannered." "Altogether a rather complex case, but it does seem the cyclist got the rotten end of the stick from the judge.

Richard Carter ● 2199d

But he did brake according to the Mail:-"Mr Hazeldean had come through a green traffic light, and had sounded a loud airhorn attached to his bike, as well as shouting, swerving and braking in a bid to avoid the pedestrian - but ploughed into her at up to 15mph."Useful comment on a website (road.cc):-"The pedestrian may have had "right of way" to cross the road but she did not have priority. She failed to observe the traffic and reacted unpredictably. Meanwhile the cyclist appears to have done everything he could to avoid a collision but is held liable for not doing so. Drivers simply jam on the brakes in a situation like this and drivers like the judge expect cyclists to do the same. However in a cyclist's case it is a lot more complicated as jamming on the brakes is likely to result in being thrown over the bars or losing control of steering, thus making a collision more likely. That is why cyclists tend to shout out automatically and veer in the appropriate direction which is not a sensible option for the motorist. As in the Charlie Alliston case these judgements are being made by people without any experience of cycling in this situation and cyclists are held to unrealistic standards."https://road.cc/content/news/262396-cyclist-found-partly-liable-crash-pedestrian-who-was-looking-her-mobile-phoneI know very little about the law, but I do not see this as a 50:50 incident. However, even if it was, I do not see why any compensation is due. The pedestrian, by her actions, could have caused the death of the cyclist.

David Ainsworth ● 2199d