A pedestrian launched a bid for compensation blaming a cyclist for the accident – despite a court hearing she was staring at her phone when she walked on to the road.
The Cyclist is now liable to pay out because “cyclists must be prepared at all times for people to behave in unexpected ways”, Judge Shanti Mauger said.
The judge said: “When I stand back and ask ‘how did the accident happen?’ it seems to me that the cyclist 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.
“The pedestrian 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.”
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If you have been involved in an accident either as a pedestrian or a cyclist and need legal advice then please contact Carolyn on 01924 443900 or Andrew on 01924 473065.