No other option though.It would take a law change to make that woman culpable.If you are in charge of any vehicle on the road you are responsible for the safety of any pedestrian,including cyclists.
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No other option though.It would take a law change to make that woman culpable.If you are in charge of any vehicle on the road you are responsible for the safety of any pedestrian,including cyclists.
What was the purpose of Section 3 of The Road Traffic Act 1972 then? Mobile phones hadn't been invented then. In other news, everyone is innocent unless proven guilty beyond all reasonable doubt in a criminal court. In a civil court, it's a balance of probabilities. But no one has to prove they're innocent.
On reflection I could have worded it better but was in a rush and didn't read the article properly.To my knowledge you cannot be prosecuted for using a mobile phone whilst crossing the road if your a pedestrian.It seems that the guy was trying to avoid her rather than trying to stop,therefore I would agree with this decision.
You are right, you can't be prosecuted for using a mobile phone when crossing the road. This wasn't a prosecution though. It was a claim for damages. The court has listened to the evidence from both parties, including an independent witness - who was also cycling at the time - who describes the cyclist as riding aggressively. On a balance of probabilities, the judge has ruled that the cyclist was liable for damages. The judge has also acknowledged that the pedestrian is partly to blame. What you have here is a sensationalist headline drawing in the reader and hoping they'll become outraged by the decision.
I would agree with you, that the Judge has probably (on balance ) made the right decision.
He might have good reason to be aggrieved, I know I would be, but it does send out the right message to other cyclists.
This might teach these commuter types bombing along in Lycra on public pathways to slow down when they approach pedestrians and animals.
Just because there is a bicycle sign on the pavement or post (insufficient to both cyclists and pedestrians alike IMO) doesn't mean everyone has to make way for these imbeciles.
As has been said, pedestrians have right of way and the law would have to change.
She should not be given any compo here though IMO.
I do though think that anyone in charge of a cycle should be made aware of their duty which is not obvious to many, especially if they do not drive.
Make cycling a proficiency course compulsory?
Just because there is a bicycle sign on the pavement or post (insufficient to both cyclists and pedestrians alike IMO) doesn't mean everyone has to make way for these imbeciles.
Yes, they do that's like saying you can walk down the middle of the road, you can but you should expect a motorist or cyclist to scream get out of the way at you!