Reply With QuoteStupid, don't expect a cyclist to spot and see if you're alright if they hit you in future, they will bugger off in cae you try to claim compensation off them.Originally Posted by uncle bob
It was her fault anyway what a ridiculous outcome!
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Ridiculous
I hate cyclists but this is taking the piss.
How can he be blamed for that.
https://www.mirror.co.uk/news/uk-new...clist-16536074
Stupid, don't expect a cyclist to spot and see if you're alright if they hit you in future, they will bugger off in cae you try to claim compensation off them.
It was her fault anyway what a ridiculous outcome!
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.
the judge said they were equally responsible and that therefore she will only receive half her claim. Expect two things to happen:
1 - he issues a counter claim as he now has a court order saying she is equally as liable
2. - the damages set will be trivial
Is that really the law? If I launch myself head first into a bus, it's the driver's fault?
The onus would be on the bus driver to prove his/her innocence.Once upon a time a driver could only be charged with "driving without due care and attention"if he/she was in an accident whilst using a mobile phone.The law has now been changed.
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?
That is ****ing ridiculous. I've broken both of my elbows while cycling due to people walking out into the bike lane against the light, or between parked cars.
Then you should be sued...maniac
Thought it was the pedestrian using the mobile phone?
stopped reading after "i hate cyclists" when some of you don't even know how to drive or what an indicator is used for.
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!
Probably because of what the independent witness, another cyclist had said in evidence.
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.
Not sure ,try it and report back .
Do the judge dismissed what another 3 (THREE), independent pedestrian witnesses said !!!!!!!
UNBELIEVABLE
NO they dont. You asshole cyclists rarely slow or stop if needed when off road. Most of you put some lycra on, mayching glasses and think you're Bradley fecking Wiggins with total disregard for any other user. I regularly have arguements with you feckers, and i dont think it will be very long before i give someone a fecking good hiding 😊
Can you make it Lardy? Just in case he survives jumping in front of the bus!!
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.
How would he have time to stop, if she just stepped out in front of him?
The judge didn't dismiss the evidence of the 3 pedestrian witnesses, she dismissed the evidence of the other cyclist who said it was his fault.
If the law says what she said it says then she has no choice but to say so, she can't make up the law to suit the case, but, and it's a big but, the damage award is still to come and could well be a derisory figure, and the woman will have to pay her own costs. So if the damage award is something like £1 she will be hugely out of pocket herself which will teach her a good lesson.
100%
The abuse cyclists get is ridiculous considering some of the shite and downright dangerous driving you see every day
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.
On a similar theme, in Norway pedestrians have right of way the instant they step onto a zebra crossing and don't have to wait for traffic to stop. Any car user running over a pedestrian on a zebra crossing gets an immediate, no questions asked, ban.
You’d have to be crazy to just step on to a Zebra crossing without looking in any country that uses them.
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