Cyclist To Pay Compensation To Woman Who Walked Into Road While Looking At Mobile Phone.

[ladybirder]

Is the judge's verdict fair?

https://www.dailymail.co.uk/news/article-7152963/Yoga-teacher-staring-phone-hit-cyclist-wins-compensation.html

[spathiphyllum]

Right, just fell over in the shopping centre in front of an old lass on a mobility scooter. Ended up laid right down in front of her, she tooted her horn, ran over my head and in the process she toppled the scoter and we both got knocked out.

I think i’m going to sue.

[spathiphyllum]

Surprising to find a busybody that’s into yoga. Attention seeking pathetic court case.

[spathiphyllum]

And before anyone says anything... Sue is my therapist

[Old_Geezer]

A daft ruling. It encourages folk to not care, and to do what they want knowing they can blame someone else. You've only to see today's youths crossing the road in their own sweet time when motor vehicles are using the road, instead of getting across the danger area as swiftly as possible, as previously well brought up generations were taught: to see what encouraging that brings to society.

But good to see cyclists can be given a taste of their own medicine. They risk their lives on vulnerable muscle powered contraptions taking little space so are hard to notice, then blame vehicle owners when something happens.

Folk should take responsibility for paying attention and not taking stupid risks and pass blame on to the guiltless party to make them the victims.

[beso]

anotheoldgit //What about if a vehicle pulls out of a side road in front of you, is that your fault for not stopping and giving way to him?//

In Australia, a vehicle making a turn must give way to a pedestrian crossing the street they are turning into at or near the intersection.

[spathiphyllum]

In UK anyone turning onto a road, even if it is a slip road going onto a motorway, MUST give way to those already on the road.

[jno]

he's going to have to pay about £100,000

https://www.theguardian.com/world/2019/jun/21/cyclist-crashed-into-woman-mobile-phone-pay-compensation-london

[ludwig]

// he's going to have to pay about £100,000 //

That is a ridiculous amount.

[jno]

I hope there's an appeal against this, though I can't see how he could afford it.

[CrapAtCryptics]

We`ve all seen the phone zombies wandering around with little awareness of their surroundings holding their phone in front of them like a valuable holy relic. Maybe time the judge retired.

[ludwig]

He needs to counter sue for the same amount. As the judge has already ruled that they were equally to blame for the accident, there shouldn't in theory be a problem.

How do they arrive at such a ludicrous figure? Honestly, on another thread there's some thug getting fined £400 for punching a police officer in the face without provocation, and then this guy being ordered to pay 100k to someone for an accident where they were both equally to blame. Something badly wrong with the justice system in this country.

[spathiphyllum]

" though I can't see how he could afford it."

He could always sue her

[Peter Pedant]

there was a dispute of fact
wivda woman saying she cd not remember

one witness said X and others deffo not-X
and the judge came out on the side of non-liability

(I think there is no appeal on fact from these courts ...)

[jno]

he ruled they were both half-liable. He should be able to sue her if it isn't out of time but it doesn't mean he'd get the same damages: she might be a queen and he a peasant who's worth nothing.

[Rockrose]

That figure quoted is inclusive of costs.
The compensation was only 5 grand

[jno]

he has to pay all the costs, his and hers, as he didn't bring his own lawsuit. That doesn't sound quite fair to me, given that she was half to blame.

[ladybirder]

She must be so pleased with herself.

[Peter Pedant]

// and in the process she toppled the scooter and we both got knocked out. //

when I fell over in the street ( not thro drink ) someone pulled their push chair over me ..... and after stupidity like that if I had been injured I would have sued ....

I am not sure if you need bike insurance
you just need to bike carefully

I dont think there are important lessons for us ( hard cases make bad law ) as it seems to be decided on the facts and the facts were disputed ( both parties saying they cdnt remember)

[Peter Pedant]

Oh ! his house insurance may pay ....
there is case law about that .... ( woman walks in fron of bus and judge allows claim against womans house insurance )

[Peter Pedant]

// there shouldn't in theory be a problem. //
( counter sue later - only because)
o god AB again
yes huge problems which are fatal to plan A
stare decisis ( the case has been decided )
interest rei publicae sit finis ad litem
( there has to be an end of litigation )

interest rei do da is used alot by judge Judy
ged oudda here ! - ya only suing because she sued you ! ( a case cannot beget a case )

other than that - good idea !