A yoga teacher knocked unconscious by a cyclist when she stepped into the road while looking at her

[gummibear]

I can imagine...but this guy blew his air horn and took evasive action...she panicked and stepped in the same direction as his evasive action...how he can be responsible for that...

Pretty sure he has a case for an appeal here.Judge says both are at fault so why doesn't pedestrian have to pay the cyclist then.See that the traffic light was green for him too.

[Shebeen]

she's a knob

 

and her name is now over the internet as a knob

 

 

put a price on that.

[i24]

I can imagine...but this guy blew his air horn and took evasive action...she panicked and stepped in the same direction as his evasive action...how he can be responsible for that...

If you have time to hoot, you have time to brake...

[Patensie]

Now this is from 1997, i cum lauded RSA law of delicts...but my memory is shot: you drive a R10m Ferrari and bump into my R10k skedonk. Both cars written off. You are 90% to blame, me 10%. I owe you R1m, you owe me R9k...that's why we all should have insurance.

[IceCreamMan]

Thanks. Makes sense, think the lady in that incident got seriously injured iirc?

 

Back to the topic at hand.... This makes no sense! She wasn't looking when she stepped into the road.

 

What is going to happen to those people who drive silent EV's in the cities? Cellphone-watching people will be mowed-down in their hundreds. Drivers will need to have superhuman reflexes, or elect to activate that autonomous braking package...

 

EDIT: Bad grammar day, too much coffee...

She died.

[SwissVan]

Rule here is that if your foot has touched the road then the motorist or in this case cyclist is at fault.Gets quite nerves wrecking some days.

Tbh pedestrian crossings here are a major pain in arse because of this

I’ve seen traffic jams in some towns because of main streets with multiple crossings

[splat]

she's a knob

 

and her name is now over the internet as a knob

 

 

put a price on that.

 

£100,000

 

https://road.cc/content/news/262582-cyclist-found-partly-liable-crash-pedestrian-facing-bankruptcy-after-claimant

[Bateleur1]

Wow. Just wow 

 

https://road.cc/content/news/262396-cyclist-found-partly-liable-crash-pedestrian-who-was-looking-her-mobile-phone

 

However, the judge found both parties equally liable for the collision.

She said: “When I stand back and ask 'how did the accident happen?' it seems to me that Mr Hazeldean owed a duty to other road users to drive with reasonable care and skill.

“Even where a motorist or cyclist had the right of way, pedestrians who are established on the road have right of way.

“Ms Brushett must clearly have equal responsibility if she is crossing the road without looking – and if she is looking at her phone, even more so.

“But cyclists must be prepared at all times for people to behave in unexpected ways.

“The appropriate finding is that the parties were equally responsible and I make a finding of liability at 50/50,” she added, meaning that Ms Brushett will only receive half the amount she claimed.

 

Since it is 50/50, can the cyclist also claim compensation  to the same value?

[Matchstix]

I can imagine...but this guy blew his air horn and took evasive action...she panicked and stepped in the same direction as his evasive action...how he can be responsible for that...????

That remark is unacceptable. The judge said

“Cyclists must be prepared at all times for people to behave in unexpected ways.”

Wonder if she meant asking for compensation while you are to blame for your own pain?????

[Hairy]

Seems the public believes him to not be the guilty party.....

 

https://www.standard.co.uk/news/london/public-raise-36k-for-cyclist-who-hit-yoga-teacher-after-she-stepped-out-on-phone-a4173531.html

[Pieter1]

Seems the public believes him to not be the guilty party.....

 

https://www.standard.co.uk/news/london/public-raise-36k-for-cyclist-who-hit-yoga-teacher-after-she-stepped-out-on-phone-a4173531.html

His go fund me is doing well.

[Long Wheel Base]

His go fund me is doing well.

[Long Wheel Base]

More than £37k raised as crowdfund for sued cyclist smashes target

The target of £21,300 was surpassed in less than 24 hours as donations continue to flood in

Read more at https://www.cyclingweekly.com/news/latest-news/37k-raised-crowdfund-sued-cyclist-smashes-target-428188#jgiA0QHtL3Zl7FrG.99

 

https://www.cyclingweekly.com/news/latest-news/37k-raised-crowdfund-sued-cyclist-smashes-target-428188

[IceCreamMan]

Discussed this at our cycling club evening.

 

He had a duty of care which he may not have fully fulfilled. He should have counter sued I reckon.

 

Just cos money is raised does not mean he is innocent

[Vetplant]

Just to understand the law correctly, will I be able to claim compensation if:

-I just close my eyes and cross the street at a pedestrian crossing and a car hits me?

-I just close my eyes and cross the street away from a pedestrian crossing in the city and a car hits me?

 

The quantum in these cases will surely be vastly different but as drivers we are expected to anticipate the unforseen movements of pedestrians

 

I know there was a court case in SA in the 2000s where a woman was driving 50km/h past a primary school in the morning during drop-off time and she hit a kid as the kid just ran across the road. The judge ruled I think 70% guilt on the side of the driver, even though she was well below the speed limit, because she should anticipate unpredictable behavior at a primary school in the morning.

 

I think it is only on highways where there is not an onus on the driver to be prepared to stop for a pedestrian...?

[IceCreamMan]

Exactly. One has a duty of care.

 

Part of being an adult.

 

If u crossed the road eyes glued to yr phone an I hoot but do not brake or try an evasive procedure or both I dare say I would be majorly to blame.

 

It’s how it is. One persons braking the law does not exonerate another’s actions