A woman who was knocked over by a cyclist after she walked into the road while looking at her phone, has been awarded damages from the cyclist.
28 year old yoga teacher, Gemma Brushett, collided with Robert Hazeldean on a crossing in London in 2015.
Ms Brushett was knocked out and suffered a minor head injury, whilst Mr Hazeldean was also knocked unconscious and suffered cuts in the collision.
An action was subsequently launched by Ms Brushett against Mr Hazeldean, blaming him for the accident at Central London County Court.
Despite Ms Brushett looking at her phone, the court ruled Mr Hazeldean liable, with the judge saying: “Cyclists must be prepared at all times for people to behave in unexpected ways.”
The court heard how Mr Hazeldean passed through a green light and sounded a loud airhorn, shouted, swerved and attempted to brake, to try and warn the pedestrian and avoid a collision. However it was to no avail and he ploughed into Ms Brushett at 15mph when she stepped off of the kerb into the cyclist’s path.
Judge Shanti Mauger accepted Mr Hazeldean was a "calm and reasonable road user" and that Ms Bushett had been distracted by her phone when she walked into the road in front of him, however she also stated that the cyclist fell below the level to be expected of a reasonably competent cyclist.
Three witnesses told police that she was not looking where she was going and also said that the cyclist was not at fault for the accident.
The judge ruled that Ms Bushett should get 50/50 payout, meaning she will only get half of the full value of her claim.
The case will return to court at a later date for costs and damages to be set.
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Image Author: Tejvan Pettinger