[Tony Montana]

A yoga teacher who was knocked unconscious by a commuter on a bike has been handed a compensation payout - despite a judge finding that she stepped into the road while staring at her phone.
Cyclist Robert Hazeldean is set to pay out thousands in damages and court costs after being sued by Gemma Brushett, 28.
Garden designer Mr Hazeldean was returning from work in central London to his then home in Archway when he collided with Ms Brushett as she crossed the busy junction of King William Street and Cannon Street, at the north end of London Bridge, at 5pm on July 20, 2015.
Both he and Ms Brushett, from Kent, were knocked out by the impact, with Mr Hazeldean suffering cuts and Ms Brushett a minor head injury.

She subsequently launched a bid for compensation, blaming Mr Hazeldean, who now lives in southern France, for the accident.
Judge Shanti Mauger at Central London County Court said the cyclist was "a calm and reasonable road user" and that Ms Brushett "was looking at her phone" when she walked into the road in front of him.
But she went on to rule that Mr Hazeldean was liable to pay damages, saying: "Cyclists must be prepared at all times for people to behave in unexpected ways."

The court heard that Ms Brushett, who works for a finance firm in the City as well as running yoga retreats, was one of a "throng" of people trying to cross the road at the start of rush hour when the accident occurred.

She was looking at her mobile phone when crossing the road from east to west, and only noticed Mr Hazeldean approaching at the last moment.

She "panicked" and tried to dodge back to a traffic island, but the cyclist, who had been travelling at between 10-15mph, swerved in the same direction and hit her.

https://www.mirror.co.uk/news/uk-new...clist-16536074

https://www.dailymail.co.uk/news/art...ment-434467365

[Niamh.]

I mean if it was a car that hit her the driver would have to pay up so in that respect it's fair however the issue is should a driver/cyclist be made to pay compensation when the accident was caused by an idiot

[Cherie]

Incredible I read that he will be bankrupted by her compensation claim as well as he had no insurance, so basically if someone steps out in front of me while I am driving, looking at their phone I am to blame?

He also took evasive action so I dont get the judges comment about cyclists needing to be ready to react...

[Cherie]

Originally Posted by Niamh.

I mean if it was a car that hit her the driver would have to pay up so in that respect it's fair however the issue is should a driver/cyclist be made to pay compensation when the accident was caused by an idiot

the car driver would at least be covered by insurance though, and he did swerve to avoid her...she just went the same way, surely it was 100 per cent her fault ...

[Liam-]

Well there’s my weekend plans sorted

[Niamh.]

Originally Posted by Cherie

the car driver would at least be covered by insurance though, and he did swerve to avoid her...she just went the same way, surely it was 100 per cent her fault ...

The law is that it's never the pedestrians fault though, which I disagree with, I'm just saying if its the rule for a motorist then it probably should for a cyclist too but yeah I forgot about the insurance situation.

[Firewire]

She should've looked where she was going, but he should also have been aware of his surroundings.

If I'm driving and someone steps out in the road in front of me, that's my fault.

[Mokka]

Yeah, I've been reading about this on a cycling forum I'm on. I know I'm sort of bias being a cycle commuter myself, but I'm on the side of the cyclist.
With cars you aren't forced to ride directly beside the curb, so you have ample time to break if someone steps out, or you have more than a two foot wide lane to maneuver in to swerve. This guy sounds like he tried breaking but there wasn't enough time, and swerving but there was no place to go... plus she stepped back into where he was trying to go to miss her. If she had been looking up and aware of her surroundings stepping into the street I would be on her side... but it does sound to me like she was the only one not observing the rules of traffic.

[Cherie]

Originally Posted by Firewire

She should've looked where she was going, but he should also have been aware of his surroundings.

If I'm driving and someone steps out in the road in front of me, that's my fault.

he swerved to avoid her.... what else could he physically have done?

[Cherie]

Originally Posted by Niamh.

The law is that it's never the pedestrians fault though, which I disagree with, I'm just saying if its the rule for a motorist then it probably should for a cyclist too but yeah I forgot about the insurance situation.

I saw a man throw himself in front of a car in slow moving traffic a few years back

[Twosugars]

No sympathy for her, wrong judgement imo

[Cherie]

If I were a cyclist I would be getting some public liability insurance because this will open up further claims

[Firewire]

Originally Posted by Cherie

he swerved to avoid her.... what else could he physically have done?

I'm not sure, I'm not a cyclist.

[bots]

Originally Posted by Cherie

If I were a cyclist I would be getting some public liability insurance because this will open up further claims

i'm surprised cyclists don't need insurance. It may have changed, but i believe it isn't/wasnt an offense to be drunk while riding a bike either and as some modern bikes can go at a hell of a speed, thats kind of daft

[Niamh.]

I do think though people looking at their phone while crossing a road should be written in somewhere as an offence and making driver/cyclist responsibility void, it's a real problem

[Vicky.]

Erm, I am torn. A driver would likely have to pay, but if she absentmindedly stepped into the road right infront of any vehicle/cyclist..then I don't see how it can be blamed on the driver.

I did this once, a few years back when CARRYING SKYE. My god it could have went so much worse but..it was raining badly and we had been stuck outside as it had been lovely minutes before, had no pram so I was carrying her..and I ran across the road, scanned for cars and there were none, didn't think about bikes and he ploughed into the side of me knocking me flying. Luckily, I managed to kind of twist in the air to make sure Skye did not hit the cement. I ended up doing my back in and having absolutely horrific scrapes and that, its scarred in places, I broke a finger, and dislocated my wrist also. Skye was unharmed, but a bit shaken. I probably could have gone for compensation if i wanted to, as he was going so fast and came from nowhere, it wasn't like I literally stepped right infront of him, but..I am an adult and realise I was at fault as much as him so

[Tony Montana]

Originally Posted by Niamh.

I do think though people looking at their phone while crossing a road should be written in somewhere as an offence and making driver/cyclist responsibility void, it's a real problem

I agree. Put your phone in your pocket when crossing the road ffs!

[Cherie]

what kind of horrible cow as well claiming compo, she could have killed him,

[Cherie]

Originally Posted by bitontheslide

i'm surprised cyclists don't need insurance. It may have changed, but i believe it isn't/wasnt an offense to be drunk while riding a bike either and as some modern bikes can go at a hell of a speed, thats kind of daft

Its only a matter of time before it is compulsory, some cycle lanes in London are wider than the road now

[Cherie]

Originally Posted by Firewire

I'm not sure, I'm not a cyclist.

You said he needed to be aware, if he wasn't aware he wouldn't have swerved

[Dogeatdog]

I agree that it’s 50/50. I know she really should’ve been looking where she was going but If I were I cyclist in London approaching a set of lights that are green, I’d still be slowing down and not just honking a little horn expecting people are gonna move out the way straight away.

It amazes though, this thing in central London where people are just constantly on their phones not looking where they’re going. I remember watching a video of a car being sat in traffic in London somewhere but it was on tow. The amount of people tripping over the tow rope was baffling and hilarious at the same time.

[Twosugars]

It's the same on pavements. People looking at phones walking right into you.
They just dont care

[Ant.]

Originally Posted by Twosugars

It's the same on pavements. People looking at phones walking right into you.
They just dont care

Don't get me started on cyclists on the bloomin' pavement!

When theyre not wearing helmets, don't have a bell, and don't thank you when you let them get past?

GET ON THE ****ING ROAD!!

[Twosugars]

Originally Posted by Ant.

Don't get me started on cyclists on the bloomin' pavement!

When theyre not wearing helmets, don't have a bell, and don't thank you when you let them get past?

GET ON THE ****ING ROAD!!

That's true too.
But phones is a comparatively new thing and needs nipping in the bud. No looking at the screen when walking

[Marsh.]

How ****ing cheeky to have the audacity to not only cause someone else injury due to your own stupidity but then be so pigheaded to bankrupt them to boot.

Horrible scum.