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[Travel] Teacher who was staring at her phone and hit by a cyclist win compensation.



symyjym

symyjym

Banned
Nov 2, 2009
13,138
Brighton / Hove actually
Had to toot a stupid cyclist wobbling up the middle of the road today, not in control of his bike, playing with his smart phone with his headphones on and having absolutely no clue or interest in what was going around him.

Cycling and using a mobile phone is really asking for trouble.
 




strings

strings

Moving further North...
Feb 19, 2006
9,965
Barnsley
Had a quick glance, and it doesn't appear to be here that I noticed.

From the media reports, I was astounded that the cyclist was found part liable. However, the account given by the pedestrian's barrister fills in a lot of holes.

This is from road.cc (a cycling website):

The barrister who represented Gemma Brushett,*the pedestrian who sued cyclist Robert Hazeldean for hitting her*although she was found to be partly liable,*has given his view on the case(link is external).*

Aneurin Moloney*says in his opening paragraph on a*blog post: "I accept that I am not an independent observer of the case.* But I was one of only a handful of people who were present for the 2 days of the trial, and can add some important detail to that put out in the newspapers."

He then says in court, it was revealed that one witness (called Mr H in the blog) came forward who was of the opinion*the defendant (Hazeldean) was to blame:*

"The Claimant relied on Mr H as her only witness on the issue of liability.*Mr H attended trial and was cross examined by the Defendant’s barrister.

"Mr H’s evidence included a voice memo that he had recorded on his mobile phone minutes after the accident in order to provide a more detailed account than that recorded by the police.* His witness statement expanded upon his police statement.* He described in Court that there was a ‘throng’ of pedestrians 5 or 6 deep crossing the road, and estimated that there were 50 people in this group.* He described that he slowed his bicycle because he felt that it was unsafe to proceed with people still crossing.

"Mr H said that he was overtaken by the Defendant, who was travelling at around 20mph and had sounded his airhorn.* Mr H considered that the Defendant accelerated as he approached the crossing.* He saw the Defendant collide with the Claimant who was crossing the road.* He remained of the view that the Defendant was to blame."

Moloney summarises: "There was more to this decision than the many of the newspaper articles conveyed.

"Based on the judge’s finding that the Claimant was using her mobile phone, it was absolutely correct that she was found to have significantly contributed to the accident. *However, the Defendant himself had conceded that he had accelerated towards a crossing which wasn’t clear of people.

"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."

Sent from my Moto G (5) using Tapatalk
 






Nottseagull

Nottseagull

Well-known member
Nov 28, 2006
8,419
The Tory stronghold of Mansfield (majority increas
Her barrister:
"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."

What a one sided statement. He admits his client substantially contributed to the accident yet there's no suggestion at all that she should have insurance!
 
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The Clamp

The Clamp

Well-known member
NSC Patron
Jan 11, 2016
24,473
West is BEST
People who smoke while cycling
People who cycle with no hands on the handlebars
People who cycle and use their phone, esp texts. Should be illegal.
People who have stereo music blasting from their bike
People who cycle with headphones on.

I want bad things to befall these type of people.
 












Stat Brother

Stat Brother

Well-known member
NSC Patron
Jul 11, 2003
73,664
West west west Sussex
The Clamp said:
People who smoke while cycling
People who cycle with no hands on the handlebars
People who cycle and use their phone, esp texts. Should be illegal.
People who have stereo music blasting from their bike
People who cycle with headphones on.

I want bad things to befall these type of people.
Click to expand...
A list that could easily be a contributing factor to drivers of cars that have killed people.
Yet it's the cyclists who should have bad things happening too. :shrug:
 




The Clamp

The Clamp

Well-known member
NSC Patron
Jan 11, 2016
24,473
West is BEST
Stat Brother said:
A list that could easily be a contributing factor to drivers of cars that have killed people.
Yet it's the cyclists who should have bad things happening too. :shrug:
Click to expand...

What's your point? This thread has zero to do with cars. I was talking about cyclists.
 




Stat Brother

Stat Brother

Well-known member
NSC Patron
Jul 11, 2003
73,664
West west west Sussex
The Clamp said:
What's your point? This thread has zero to do with cars. I was talking about cyclists.
Click to expand...

This thread is about an avoidable incident between a bike and a pedestrian.

It's been running for some time, has had thousands of views and hundreds of replies.

A fair few posts, like yours, granted not as many as usual, demonise cycling yet fail to acknowledge that throughout the time of this thread cars in the UK have been killing more people.

I just dont understand the rhetoric of picking on relatively harmless minority while seemingly turning a blind eye to the life wreckers.


This is just from the first 2 pages of a standard google search, for the week this thread has been running.

https://www.bbc.co.uk/news/uk-england-cornwall-48762603

https://www.lincolnshirelive.co.uk/news/local-news/motorcyclist-51-dies-after-crash-3016965

This one happened a few miles from my home
https://www.littlehamptongazette.co...es-after-van-collision-on-arun-road-1-8970492

https://www.thescottishsun.co.uk/ne...yrshire-crash-b742-dalrymple-police-scotland/

https://www.dailymail.co.uk/news/article-186579/Britons-die-Spanish-road-accident.html
 
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perseus

perseus

Broad Blue & White stripe
Jul 5, 2003
23,456
Sūþseaxna
Billy the Fish said:
Link to the original blog, very detailed and interesting read:

https://clinicalnegligencebarrister.wordpress.com/2019/06/24/brushett-v-hazeldean-the-facts/
Click to expand...

As I suspected with an earlier post of mine, offensive cyclist was going quicker than he said. This is typical and happens very often that both cyclist and motorists act within the law but cycle or motor too quick to stop in time.

Going out on my bike now. If I cycle at 20 mph I'm going to fast to stop in time for lights, and if I am being tailgated in traffic and slow down I get bashed in the rear by a car.

I usually cycle at 14 mph and get overtaken by the lycra brigade.
 
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The Clamp

The Clamp

Well-known member
NSC Patron
Jan 11, 2016
24,473
West is BEST
Stat Brother said:
This thread is about an avoidable incident between a bike and a pedestrian.

It's been running for some time, has had thousands of views and hundreds of replies.

A fair few posts, like yours, granted not as many as usual, demonise cycling yet fail to acknowledge that throughout the time of this thread cars in the UK have been killing more people.

I just dont understand the rhetoric of picking on relatively harmless minority while seemingly turning a blind eye to the life wreckers.
Click to expand...

I was talking about cyclists. Why do you think that means I am turning a blind eye to car accidents? I'm not the ****ing BBC . I don't have to provide a balanced debate. I was talking about cyclists. If I talk about carrots do I also have to talk about peas? If I make a point about the sky, do I also have to make a point about the sea?
Engage your pea sized brain.
 
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N

nickbrighton

Well-known member
Feb 19, 2016
1,918
I haven't read all 236 odd posts, but one thing is mentioned a few times is insurance for cyclists. British Cycling has a membership scheme , starting from around £25. Included is insurance and legal cover for cases in which the cyclist is held to blame. It seems a sensible thing for anyone who cycles regularly to have. I have had it for years, and thankfully never needed it. It comes with discounts for various businesses as well, 10% off halfords cycle stuff for example, so the cost can be recovered from purchases anyway.

Become a member of British Cycling today
Liability insurance and legal support (Race Gold, Silver, Ride & Commute) for daily cycling
Get 10% off purchases at Halfords and £10 off at Chain Reaction Cycles
Exclusive rates on bike insurance
Priority access to tickets for major cycling events
Personalised membership pack
Save 10% with Direct Debit

https://www.britishcycling.org.uk/membership/null
 


The Clamp

The Clamp

Well-known member
NSC Patron
Jan 11, 2016
24,473
West is BEST
nickbrighton said:
I haven't read all 236 odd posts, but one thing is mentioned a few times is insurance for cyclists. British Cycling has a membership scheme , starting from around £25. Included is insurance and legal cover for cases in which the cyclist is held to blame. It seems a sensible thing for anyone who cycles regularly to have. I have had it for years, and thankfully never needed it. It comes with discounts for various businesses as well, 10% off halfords cycle stuff for example, so the cost can be recovered from purchases anyway.

Become a member of British Cycling today
Liability insurance and legal support (Race Gold, Silver, Ride & Commute) for daily cycling
Get 10% off purchases at Halfords and £10 off at Chain Reaction Cycles
Exclusive rates on bike insurance
Priority access to tickets for major cycling events
Personalised membership pack
Save 10% with Direct Debit

https://www.britishcycling.org.uk/membership/null
Click to expand...

Are the the ones that hang out on Shoreham footbridge?
 








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