How Can He Be Guilty ?

[piggynose]

Surely she's the one at fault.

https://uk.yahoo.com/news/cyclist-hit-yoga-teacher-stepped-144900827.html

[Nical]

Canary42 started a thread yesterday, there's discussion there.

[Old_Geezer]

There's a thread on it somewhere already.

[jno]

it's a long story, but it seems he'd have got something if he'd launched a claim himself. Pretty disgraceful outcome, though.

He's got most of it from a GoFundMe page

https://www.gofundme.com/f/help-cover-rob-hazeldean039s-legal-fees

[jno]

there was a thread months ago when it came to court, as I recall.

[ludwig]

I remember it. It's difficult to see how the judge found them equally to blame in the first place. She stepped in from him and then when he swerved to avoid her she stepped in front of him again.

[barry1010]

Maybe he was 'cycling furiously' and should have been able to stop. The judge said they were both at fault and the court heard far more evidence than you, piggynose.

[ABerrant]

Here is the thread from last June.

https://www.theanswerbank.co.uk/News/Question1663824.html

[piggynose]

Somebody said if it was a bus she'd be brown bread. Well sadly that was the case regarding a schoolgirl recently, she was on her phone and stepped in front of a bus. Totally oblivious. But this is happening all the time now. People all ages walking in front of cars + buses in their phones.

[piggynose]

Typo..on their phones

[Barmaid]

He is not "guilty". Problem is she has sued him for damages and won. The normal principle is the loser pays the costs. Had he counter sued the result may have been quite different.

Having said that I am at a loss as to how she proved he was negligent given she didn't even see him because she wasn't looking.

This drives me mad. I recently had a set to with a girl who walked into my trolley case because she had her head buried in her phone. Dopey cow.

[pixie374]

It isn't just phones though, I once had a cyclist go into the back of my car, while I was stationary. The police literally said that it is always the driver's fault if someone is injured (he broke his collarbone and I had to do a course). Maybe this is the same principle.

[ToraToraTora]

yes very odd how he can possibly be at fault.

[Zacs-Master]

The ruling was that they were both at fault. Maybe, as I said on the other thread, her solicitor argued that he’s was riding too fast / on his phone / in a bus lane. There must have been some circumstances to conclude that they were both at fault. Unless the judge just hated cyclists.

[jno]

what the judge said seems to be, in essence, that he was at fault because he should have been watching out for idiot yoga instructors on their phones ready to jump out in front of him.

[Zacs-Master]

Her barrister’s notes on the trial are here:

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

‘the Defendant himself had conceded that he had accelerated towards a crossing which wasn’t clear of people’

The barrister’s opinion on the judgement is here:
https://clinicalnegligencebarrister.wordpress.com/2019/06/24/brushett-v-hazeldean-note-of-judgment/