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Cyclist To Pay Compensation To Woman Who Walked Into Road While Looking At Mobile Phone.

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ladybirder | 10:43 Tue 18th Jun 2019 | News
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In Australia it is also an ambiguous situation. A pedestrian who walks into the path of a vehicle is at fault. However a vehicle must give way to a pedestrian who has already begun to cross the road. When someone steps onto the road they become a road user and I believe they should have a duty to pay attention. Any other road user looking at their phone is committing...
12:29 Tue 18th Jun 2019
"Is the judge's verdict fair? "

No, the Darwin awards are for people who walk into roads without looking because they are looking down at their phone.

She's lucky she still has a leg to stand on, let alone compensation.
Difficult one.
On balance.....yes, the Judge got it right.
If you are a road user, one must always be on the lookout for idiots and our yoga teacher was indeed an idiot.
Absolutely the right decision. I am going to where it happened and , holding my phone, walk in front of a car, bus etc.

This could be the source of a very profitable venture.
As the liability is 50/50 does this now mean that the cyclist can sue her for his injuries and he will get 50% compensation from her also!
We don't know how much time the cyclist had to react. If it was a matter of milliseconds, then it's unfair. If the cyclist themselves was being negligent, then yes, fair result. However, the yoga woman needs to understand she's at least 50% responsible for the accident.
It is a tough one but yes, Judge is correct - by sharing the blame 50/50 she will only get half.
Exactly Sparkly Kid. It's like a crash for cash scheme.

'Oh but it affected my ability to yoga - there for it affected my lifestyle, hobbies and activities' - that kind of thing reels in compo.
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If I was him I would now sue her as they are both to blame.

I must say if that was me and I walked out into the road without looking whilst on my mobile phone I would not dream of claiming compensation.
i'm on the cyclist side she should have been paying attention when crossing a road .
Nor would I.
"I must say if that was me and I walked out into the road without looking whilst on my mobile phone I would not dream of claiming compensation."

Me either. I'd be very apologetic, rather embarrassed and i'd also feel totally to blame.
'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.'
'The appropriate finding is that the parties were equally responsible and I make a finding of liability at 50/50.'
The result of the judge's ruling is that Ms Brushett is now guaranteed a payout, but will only get half of the full value of her claim.
You must also give way to pedestrians if there is a danger of colliding with them, even if there is no marked pedestrian crossing
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LOL at Sparkly. Maybe not a bus eh?
One point I would make is that when taking a Driving Theory Test you have to watch a series of videos and react to possible hazards, scoring up to 5 points per clip.

The judge makes a salient point when referring to potential banana skins.

True, the woman was careless (rather than an idiot) but the apportionment of blame would appear reasonable from the report. As to damages, however, I am less sympathetic.
Well.. Issue is you don't need a driving test to take a bike onto the road. Even though the bikes should be following the highway code.
She should pay him for the puplicity she is getting in the media.
Spath, true but my general point is about hazard perception.

Whether you are on a cycle or driving a car, serious injury can result from low speeds and one has to be prepared for the unexpected...
No she is to blame, the road is for vehicles, and pedestrians just cannot just walk onto them, without first looking if their path is clear.

It is a growing problem mainly carried out by young women these days, the times I have had to stop my car in supermarket car parks so has to let a woman whose is so busy looking into her phone, stroll past in front of my moving car.
While we are on the subject of cyclists however, another problem that should be stopped, and that is allowing them to ride on the roads whilst wearing headphones.

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