£35.71 pa with a bike value of £400 30 year old rider 3rd party and theft with £5,000,000 third party liability
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[Travel] Teacher who was staring at her phone and hit by a cyclist win compensation.
- Thread starter Garage_Doors
- Start date
£35.71 pa with a bike value of £400 30 year old rider 3rd party and theft with £5,000,000 third party liability
You didn’t answer the question .
METALMICKY
Well-known member
- Jan 30, 2004
- 6,837
Just ran this one past the Mrs who worked in insurance brokers for 20 years. She was surprised that so many people were surprised that judge found in favour of pedestrian. In her time she had countless incidents where a pedestrian ran out without warning in front of a car. In every incidence the driver's insurance paid out.
Another scenario she dealt with regularly is the scenario whereby somebody emerged from a side road into a main on the basis of a car on the main road signalling to turn off. The car on the main road would then just carry on straight contrary to the indication resulting a collision with the emerging car. On numerous occasions drivers assumed that the car failing to turn as per their signal would be liable. However, the responsibility lies solely with the emerging car to ensure that the way is clear. Unfortunately, it's irrelevant that the little old lady has forgot to turn off her indicator.
Another scenario she dealt with regularly is the scenario whereby somebody emerged from a side road into a main on the basis of a car on the main road signalling to turn off. The car on the main road would then just carry on straight contrary to the indication resulting a collision with the emerging car. On numerous occasions drivers assumed that the car failing to turn as per their signal would be liable. However, the responsibility lies solely with the emerging car to ensure that the way is clear. Unfortunately, it's irrelevant that the little old lady has forgot to turn off her indicator.
BIcycle as a lethal weapon
https://www.digbybrown.co.uk/solici...ans-are-partly-to-blame-for-the-road-accident
https://www.digbybrown.co.uk/solici...ans-are-partly-to-blame-for-the-road-accident
Green Cross Code Man
Wunt be druv
In the first incident type you cite, I still fail to see why any judge would find in favour of a pedestrian if they step out in front of oncoming traffic without looking. It removes personal responsibility from the pedestrian and places it on a person who is likely to be travelling sensibly. I was once driving at Portmeirion when a woman stepped onto the road, fortunately she hit the side of my car but had she or I been a split second earlier, then she may have ended up badly injured or worse. I was travelling well within the speed limit and in a safe way for the conditions. There was absolutely nothing I could have done to prevent the accident as she just suddenly stepped out from the kerb from a stationary position. Initially her husband was angry with me but quickly calmed down as she admitted to him that the blame lay with her.
On the second point, I was taught not to rely on the fact that someone is indicating when I learned to drive, I think it may be in the Highway Code as well, and that is correct, all of us drivers occassionally knock an indicator so mistakes occur. I think it is a very well known rule.
Cyclist who knocked over woman on phone must pay up to £100,000
https://www.theguardian.com/world/2...to-woman-mobile-phone-pay-compensation-london
https://www.theguardian.com/world/2...to-woman-mobile-phone-pay-compensation-london
What you don't make clear is the £100K are the legal costs and that the damages were £4k. Where this poor sod has been hit hard, is that he took a moral stance that legal claims are not the right way to proceed. Sadly if he had made a counter claim, this would likely have been settled out of court.
Do you actually think that the correct overall conclusion was reached? No semantics, if that, but what if, maybe etc etc. Was the judgement correct?
Creaky
Well-known member
Makes £35 a year for insurance look like incredibly good value!
TheJasperCo
Well-known member
As I have already said on this thread.
The fact that he could sound a warning and change direction gives me pause for thought.
People can't be 'rewarded' for just crossing the road oblivious to their surroundings.
A cyclist shouldn't be riding through a densely populated pedestrian area and not allow for the possibility of nimroditis.
I have no idea how someone can go to court over this accepting the fact they walked out into the road without the right of way staring at their phone.
banjo
GOSBTS
**** it. I’m gonna sell al my bikes, and start walking. There’s money to be made.
Pedestrians should wear crash helmets and have lights at night. Contributory negligence.
LamieRobertson
Not awoke
Must be an easier way to look at your phone
LamieRobertson
Not awoke
Just as a contrarian view I often pedal across on sundays in a respectful manner and still get tutted by at least one individual each time....against that some cyclists pedal far too fast
The evidence was that the cyclist responded to the pedestrian who had ALREADY entered the road space with, yelling, horn blowing etc, however it was noticed that no attempt was made to slow down. That is why as cyclists you are buggered if you expect pedestrians to dance out of your path.
Super Steve Earle
Well-known member
She's a teacher - they're experts on everything and always right, so decision to sue straightforward. I have no sympathies with cyclists either, having had a near miss last week on a pedestrian crossing despite green man. However with costs near £100k and probable bankruptcy in this case, I hope the teacher suffers from flashbacks and guilt.
Over 40k raised by the public to pay the fine.
vegster
Sanity Clause
- May 5, 2008
- 28,273
Ah, you must have crossed swords with Hastings gull ( yes capital for Hastings but not Gull ) at some point ?