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The world HAS gone made...


Walker570
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Perfectly innocent cyclist riding down the road and the lights are on green so he continues his journey only for some stupid woman to step out infront of him. Swerved to attempt to avoid and she turns into his path realising she has made a mistake.  OK so far ??   Then she decides to sue him for damages, problem on a no win deal and he is found guilty and fined £4500 and faces possible court costs of £100,000. How on earth does a judge come to that decision?

Oh he was doing 10 to 15mph !!!  Well he is perfectly entitled to and not have some idiot step into his path.

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42 minutes ago, Capt Christopher Jones said:

Did he have insurance protection, as we responsible shooters have

No, he did not have insurance, which brings me to another subject.  Should all cycle riders have to have insurance.  I live on a regular cycle run and although many of the regular club riders come through here are spot on and ride in a safe manner,  there are some who just believe because they are on a racing cycle they can do as they wish.  Should they have liability insurance?

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Therein lies the problem, he was not insured, and the court has now just ruined his life, he will have to go bankrupt to clear the debt, then he will be marked for life never able to have a business , 

Whats worse is the court has now set the precedent for all cyclists, next thing you know people will be falling in front of cyclists wherever they think they can get a claim, insurers will clean up selling insurance to cyclists and the innocent will once again pay the price, what a ******* **** world we live in. and it just keeps getting worse

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This case is very similar to the old lady stepping out infront of the police motorcyclist, you have five white police bikes coming up the road with three or four big black limos, headlights on.

She did not obviously look and just stepped out and was clipped apparently by the wing mirror and handle bar of the motorcycle whih was going so slowly the rider laid it on the floor at the point of impact.  Now we have weeping and wailing, the Met are looking into the system of police escort duties and no one asks about the poor copper riding the motorbike.

I dread to think what all that is going to cost the Met.

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 Is it any different from a pedestrian stepping in front of a car? The car will also be at fault as pedestrians always have the right if way. Rules of the road and it always has been.  He should have stopped and let her past and not just shouted at her or driven at a speed that he could have stopped. Just like a car. Or motorbike, or bus, or moped etc etc etc. 

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The pedestrians have lost the footpaths to the cyclists in my town and nobody cares.

They have no means of being identified and most are pretty aggressive and expect everyone to get out of their way.

I doubt if any are insured for third party liabilities

An old guy of 67 was assaulted by a cyclist on a footpath early in the morning last week

 

Edited by fern01
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1 minute ago, fern01 said:

The pedestrians have lost the footpaths to the cyclists in my town and nobody cares.

They have no means of being identified and most are pretty aggressive and expect everyone to get out of their way.

I doubt if any are insured for third party liabilities

An old guy of 67 was assaulted by a cyclist on a footpath early in the morning last week

 

"I say" steady one old chap, steady on 😨

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Witnesses were divided. Some thought the pedestrian wasn't looking, whereas a fellow cyclist said he was riding aggressively.

The cyclist made the schoolboy error of not making a counter claim. I'm surprised no-one mentioned it to him. He didn't take it seriously enough and will pay the price.

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31 minutes ago, GingerCat said:

 Is it any different from a pedestrian stepping in front of a car? The car will also be at fault as pedestrians always have the right if way. Rules of the road and it always has been.  He should have stopped and let her past and not just shouted at her or driven at a speed that he could have stopped. Just like a car. Or motorbike, or bus, or moped etc etc etc. 

If a pedestrian steps in front of a car that's doing 30mph (or the designated speed in the area) then the car driver is not, or should not be deemed to be at fault.

Should the cyclist sue the pedestrian?

Is there a clear right of way for either party or prohibition of either?

If one party did not notice the other then surely it's their fault for negligence?

However without knowing the facts it might be possible that it has been deemed that the cyclist had time to sound his air horn therefore had time to react to the obstacle in his path but decided not to avoid the pedestrian but instead to "teach her a lesson" and collide with her.

 

Just a thought...

 

Edd

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Now we have to be careful about posts on cyclists. ,!!

But my take on cyclists, good or bad, is that in order to ride on the road they should have compulsory insurance (just in case of incidents like this) and as a road user a sort of road fund licence. If they have no insurance their bike is crushed - as can be the case with cars.

that way it's an equal playing field

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If a pedestrian is on the road they have right of over any other road user who should be doing such a speed that they can stop in time and avoid a collision. Hence the judge awarded her 4.5k and costs. If it were the other way round she Would be paying him. I'm assuming that her being on  the phone was taken into account and he got less than she was due. 

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2 minutes ago, GingerCat said:

If a pedestrian is on the road they have right of over any other road user who should be doing such a speed that they can stop in time and avoid a collision. Hence the judge awarded her 4.5k and costs. If it were the other way round she Would be paying him. I'm assuming that her being on  the phone was taken into account and he got less than she was due. 

Then taking this to it's extreme, you are moving down a highway at well below the designated speed limit and as you get to within, say 5 m, a pedestrian takes a sudden turn, with or without looking, into your path you are expected to be able to stop.  If this is truly the case the roads would grind to a halt.

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12 minutes ago, Bobba said:

Now we have to be careful about posts on cyclists. ,!!

But my take on cyclists, good or bad, is that in order to ride on the road they should have compulsory insurance (just in case of incidents like this) and as a road user a sort of road fund licence. If they have no insurance their bike is crushed - as can be the case with cars.

that way it's an equal playing field

:good:

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I'm on the fence on this one as I've heard different things, personally I think the cyclist should have stopped and then abused the living daylights out of the phone Zombie, if someone steps into the road and I'm driving I'm going to stop or swerve i hope.

I've had people step into the road when I'm cycling probably because people don't realise how quickly you can be going, I'll be shouting and breaking before I go for an air horn i don't have.

As for the Judge?? He apparently applied the Law?? We all know that the law is an ### common sense should have said your both Muppets.

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I once drove through a gap between a coach, picking up workers from a factory and a row of parked cars. From behind the bus came an old bloke on a bike. I swerved to miss him and hit him and three of the parked cars. I sued him for the repairs to my car and this allowed me to divert the claims against me to him. If i had not sued I would have paid out to the other three.  

He paid out and I didn't but it was a close thing. 

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