Not sure if everyone saw this recent ruling from the UK. It's a good lesson to always avoid everyone and anything. even if the other road user is in the wrong.

news article.

A yoga teacher who was looking at her mobile phone when she was hit by a cyclist has won damages.

A judge has ruled that the cyclist was equally liable, although Gemma Brushett was distracted by her phone at the time of the accident.

Judge Shanti Mauger, sitting at Central London County Court, said: “Cyclists must be prepared at all times for people to behave in unexpected ways.”


The 28-year-old was knocked out by the collision with Robert Hazeldean, which happened on 20 July 2015 at the junction of King William Street and Cannon Street in the City of London.

She then launched a claim for compensation against Mr Hazeldean for the accident.

The court was told she had suffered post traumatic amnesia since the incident and could not remember anything from the crash.

Mr Hazeldean, a graphic designer, was also knocked out by the impact on his commute home.

‘Calm and reasonable road user’

Yesterday, the judge referred to the cyclist as “a calm and reasonable road user, but she found Ms Brushett’s claim warranted a pay-out as Mr Hazeldean “owed a duty to other road users to drive with reasonable care and skill”.

Mr Hazeldean, who now lives in southern France, was reported to be travelling at 10-15mph and had sounded an airhorn, shouted, swerved and braked to try and avoid collision.

Three pedestrian witnesses reportedly told a police at the time of the incident that Ms Brushett was “not looking where she was going” and that “the cyclist was not at fault”.

However, one other witness is said to have accused Mr Hazeldean of “aggressive riding”.

Cyclists must be prepared at all times for people to behave in unexpected ways

Judge Shanti Mauger

The judge found both parties equally responsible and Ms Brushett is now expected to get half the full value of her claim, which was undisclosed.

Costs and damages are to be fixed at a later date in court.

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The cyclist was reported to be travelling at 10-15mph and had sounded an airhorn, shouted, swerved and braked to try and avoid collision.
Three pedestrian witnesses reportedly told a police at the time of the incident that Ms Brushett was “not looking where she was going” and that “the cyclist was not at fault”.

Sounds unfair to me that the cyclist ordered to compensate the pedestrian.

In another article it stated he swerved to go behind the Ped, but they turned to go back to the footpath and walked into the cyclist. 

I guess what the judge was saying the best course of action is to stop.

The Guardian  https://www.theguardian.com/uk-news/2019/jun/18/woman-knocked-down-... reports the judge saying, "Even where a motorist or cyclist had the right of way, pedestrians who are established on the road have right of way. 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."

So it seems to me that the pedestrian stepped out well ahead of time and the cyclist had time to stop. I'll add, if he had time to sound his air horn, he had time to brake harder. 

I know we don't have the full facts of the case, but I tend to agree with you Peter. We all know that people do unpredictable and stupid things at times and should be on the look out for those. Ride to the conditions- open road with good visibility you can go faster, high pedestrian areas, ride slower and be on the look out for phone zombies, kids etc. 

It's no different than all of us wanting drivers to watch out for us when we're on our bikes.

Yes I always find in the car that the really nasty near misses never involve me sounding the horn.  Too busy. 

Looks like he is up for £5,000 damages and estimated £ 100,000 costs (!).  A win for the lawyers.

https://www.theguardian.com/world/2019/jun/21/cyclist-crashed-into-...

A reminder to check you have some liability cover.  Lots of home contents insurance provides it but also of course BikeSA membership.

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