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Old June 28th 19, 02:43 PM posted to rec.bicycles.tech
Roger Merriman[_4_]
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Posts: 385
Default Sue or go bankrupt?

Sir Ridesalot wrote:
On Friday, June 28, 2019 at 5:46:10 AM UTC-4, Chalo wrote:
Thing is, a ped is wildly unlikely to hurt anyone by running into them.
So it's not the ped's ethical responsibility to mitigate the risk that's
being imposed unilaterally by a cyclist, the same way it's not a
cyclist's ethical duty to mitigate the lethal risks unilaterally imposed by car drivers.

The one who brings the hazard into a situation is the one responsible if
anybody gets hurt. That's basic golden-rule level stuff. Exporting
responsibility to the victims is just wrong.


However in this case it appears as though it was the pedestrian who was
responsible who brought the hazard into the situation. Had she NOT been
on her cellphone she most likely would not have stepped into the
bicyclist's way. Had that been a motor car or lorry that struck would the
driver of the vehicle been judged to be at fault? Or is the Law stating
that the operator of any vehicle on the road must be aware of and able to
avoid any pedestrian who suddenly steps out into the roadway? Too me that
seems pretty ridiculous as there are many times (and this looks like one
of them) when pedestrians do totally unexpected things. Just because it's
a pedestrian is imho no reason to shift the responsibility/blame to the
operator of a vehicle.

Cheers


It’s only the defendant that claims she was on a phone, who was also
knocked out. So some circumspect with that is probably wise.

The junction has no pedestrian crossing as oddly some central London
Junction happen to have, so at rush hr it would be fairly normal to have
people attempting to cross green light or not.

In short the more is know about this case generally the less sympathetic
folks tend to be to the cyclist, both lawyers have blog posts, if one
wishes to wallow in what is fairly sad tail.

The take home really is get legal advice rather than assuming you’ll be
fine.

Roger Merriman

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