Cyclist sued by women on her phone |
Cyclist sued by women on her phone |
Tue, 18 Jun 2019 - 15:14
Post
#1
|
|
Member Group: Members Posts: 425 Joined: 4 Aug 2014 From: In the beautiful Chilterns Member No.: 72,309 |
-------------------- Speed does not kill. It's more to do with how you stop.
|
|
|
Advertisement |
Tue, 18 Jun 2019 - 15:14
Post
#
|
Advertise here! |
|
|
|
Thu, 20 Jun 2019 - 11:11
Post
#21
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
My wife refuses to accept that pedestrians crossing at a road junction have priority I don’t understand the fixation with priority. The duty by which people will be assessed in court is to take reasonable care. While the Highway Code and “everyone’s” understanding of the “rules of the road” may assist in deciding what was and was not reasonable it is by no means determinative. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Thu, 20 Jun 2019 - 12:34
Post
#22
|
|
Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
My wife refuses to accept that pedestrians crossing at a road junction have priority I don’t understand the fixation with priority. The duty by which people will be assessed in court is to take reasonable care. While the Highway Code and “everyone’s” understanding of the “rules of the road” may assist in deciding what was and was not reasonable it is by no means determinative. common decency and respect for others is all that is needed. I don't mind the idea of punching someone on the nose is they are a complete numpty, but hit them with a 2 tonne metal box because they are where I want to be. No way -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
|
|
|
Thu, 20 Jun 2019 - 15:31
Post
#23
|
|
Member Group: Members Posts: 604 Joined: 12 Oct 2009 Member No.: 32,760 |
|
|
|
Thu, 20 Jun 2019 - 18:03
Post
#24
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I don’t understand the fixation with priority. If you don't have priority, then you just slow down and let them cross. If you do have priority, then you swerve narrowly around them while beeping your horn and shouting... I thought everyone know that! Explains a lot. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Thu, 20 Jun 2019 - 20:48
Post
#25
|
|
Member Group: Members Posts: 6,963 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
I seem to remember it's always been the law that pedestrians have the right of way over vehicles, much like the shipping law, sail has right of way over steam.
The only exceptions are trains and trams which have absolute right of way. In most European countries pedestrians have right of way everywhere except motorways. . |
|
|
Thu, 20 Jun 2019 - 20:59
Post
#26
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I seem to remember it's always been the law that pedestrians have the right of way over vehicles Can you cite that law? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Thu, 20 Jun 2019 - 21:32
Post
#27
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
The only exceptions are trains and trams which have absolute right of way. I shall inform network rail than when there's pedestrians on the railway, they need not stop the trains as the trains have an "absolute right" (your words) to carry on regardless -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Guest_Charlie1010_* |
Fri, 21 Jun 2019 - 06:47
Post
#28
|
Guests |
‘In most European countries pedestrians have right of way everywhere except motorways.’
Not in the European countries I’ve driven in. Many have priority for vehicles coming from the right but if you just walk into the path of a vehicle that can’t stop in time it will be your fault. https://en.m.wikipedia.org/wiki/Jaywalking This post has been edited by Charlie1010: Fri, 21 Jun 2019 - 06:51 |
|
|
Fri, 21 Jun 2019 - 09:57
Post
#29
|
|
Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Seems the sting in the tail would seem to be that the cyclist is liable for costs.
Though the body of the story puts it around 20K not the 100k headline grabber. https://www.dailymail.co.uk/news/article-71...ked-London.html |
|
|
Fri, 21 Jun 2019 - 10:54
Post
#30
|
|
Member Group: Members Posts: 3,768 Joined: 17 Mar 2013 Member No.: 60,602 |
Seems the sting in the tail would seem to be that the cyclist is liable for costs. Though the body of the story puts it around 20K not the 100k headline grabber. https://www.dailymail.co.uk/news/article-71...ked-London.html I'm surprised that a "cycling enthusiast" didn't bother with insurance. From reading various reports of the court case it seems that the victim was among a throng of pedestrians crossing & that the cyclist flew through a green traffic light expecting his way to be clear. The pedestrian saw him at the last moment & tried to jump back onto a traffic island but the cyclist swerved in the same direction resulting in the collision. This post has been edited by nigelbb: Fri, 21 Jun 2019 - 10:54 -------------------- British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012 |
|
|
Fri, 21 Jun 2019 - 19:51
Post
#31
|
|
Member Group: Members Posts: 1,114 Joined: 7 Aug 2009 Member No.: 31,007 |
Statement from Mr. Hazeldean's (belatedly hired) solicitors: https://levisolicitors.co.uk/news/our-clien...bert-hazeldean/
Without commenting on the substantive merits of the decision, it shows the perils of being a litigant in person up against an experienced barrister from Hardwicke, and reminds me of the unfortunate Indigo vs nurses case, which also likely would have turned out differently, at least as to costs, if the nurses had better representation that day. |
|
|
Fri, 21 Jun 2019 - 21:02
Post
#32
|
|
Member Group: Members Posts: 287 Joined: 29 Sep 2016 Member No.: 87,439 |
Seems the sting in the tail would seem to be that the cyclist is liable for costs. Though the body of the story puts it around 20K not the 100k headline grabber. https://www.dailymail.co.uk/news/article-71...ked-London.html Looks like he might be covered now though (plus maybe some to charity, which puts a nice twist on the tale?)... https://www.gofundme.com/f/help-cover-rob-h...039s-legal-fees This post has been edited by Starworshipper12: Fri, 21 Jun 2019 - 21:04 |
|
|
Sat, 22 Jun 2019 - 08:04
Post
#33
|
|
Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
In his position, I would have been sorely tempted to pay my own legal fees then go bankrupt
|
|
|
Sat, 22 Jun 2019 - 11:37
Post
#34
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
In his position, I would have been sorely tempted to pay my own legal fees then go bankrupt Wouldn’t have relieved him from his liability to her though. Also raises issues of preferential treatment of creditors. This post has been edited by southpaw82: Sat, 22 Jun 2019 - 11:37 -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Sat, 22 Jun 2019 - 17:27
Post
#35
|
|
Member Group: Members Posts: 502 Joined: 11 May 2014 From: Scotland. Member No.: 70,553 |
While other offences may apply, failing to stop/report (RTA 1988 S170) only relates to mechanically propelled vehicles and wouldn't apply to a cyclist. https://www.legislation.gov.uk/ukpga/1988/52/section/170 One wonders if the cyclist counter claimed for their own losses...... (Noting often insurers will agree to treat the result as having a counterclaim without having a formal counterclaim in place, I had this in my case). That is what i was thinking. If the cyclist managed to get up then fled from the scene, although they may be open to other offenses regarding the accident but leaving the scene although not morally sound, is not an offense in its own. But if you cycle on the roads often, it's a good idea to get at least third party liability insurance cover in case something happens. Only about £25 per year as well -------------------- Patience is something you admire in the driver behind you, but not in one ahead. |
|
|
Sat, 22 Jun 2019 - 23:18
Post
#36
|
|
Member Group: Members Posts: 611 Joined: 29 Nov 2008 Member No.: 24,463 |
I've read that the cyclist should have logged a counterclaim, would that have been done straight off or when he received the claim from the pedestrian? How would that have affected the outcome, would each pay their own fees and no damages to each other since it was 50/50 or would it depend on the level of damages for each person?
|
|
|
Guest_Charlie1010_* |
Sun, 23 Jun 2019 - 07:16
Post
#37
|
Guests |
"Mr Hazeldean did fall below the level to be expected of a reasonably competent cyclist in that he did proceed when the road was not completely clear."
Had that here with a BMW driver verbally assaulting my neighbour after she pulled out onto the main road and obviously in his way. It got us out of homes and onto the street because of the noise. Right of way nonsense and very aggressive. He soon left after we all came out. Police were called and he was paid a visit and told not to abuse people and to drive safely with respect for other road users. |
|
|
Sun, 23 Jun 2019 - 07:29
Post
#38
|
|
Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
If you don't have priority, then you just slow down and let them cross.
If you do have priority, then you swerve narrowly around them while beeping your horn and shouting... Except for the shouting, I thought that was what he tried to do Vaguely recall a report of a cyclist stopped for "not having an audible warning of approach" He argued that the ability to shout "Get out of the ******* way" was at least as effective as a bell Perhaps there's a market for a "horn" with a pre-recorded message |
|
|
Mon, 24 Jun 2019 - 12:57
Post
#39
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I've read that the cyclist should have logged a counterclaim, would that have been done straight off or when he received the claim from the pedestrian? By definition, once can only counter-claim when one has a claim. QUOTE How would that have affected the outcome, would each pay their own fees and no damages to each other since it was 50/50 or would it depend on the level of damages for each person? Damages would have been paid between each other, subject to set-off, as the quantum of damages is unlikely to be identical - 50/50 liability doesn’t means each suffered the same loss. In terms of costs, the court could well have made an order for each to pay the costs of the other, subject to proportionality, which is a good result if the costs are similar but not if they’re not. I can’t see her costs being £100k, or that being allowed. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 18:38 |