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Odd judgements? Blame the cyclist!

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Odd judgements? Blame the cyclist!

Old 19th Jun 2019, 10:13
  #21 (permalink)  
 
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This makes me rather sad.
It re-affirms a big part of societies belief that it is always someone else's fault and so they don't have to take responsibility for their own actions.
In addition if you have a decent amount of money you can pay for a smart lawyer to prove that you were not in the wrong.
I hope it goes to appeal.
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Old 19th Jun 2019, 10:32
  #22 (permalink)  


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Presumably the cyclist could put a counter claim in against her & call it quits?
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Old 19th Jun 2019, 10:50
  #23 (permalink)  
 
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Whilst the Judge may have upheld the law, damages should have been limited. One pence sends out the correct message.
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Old 19th Jun 2019, 10:52
  #24 (permalink)  
 
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So, the close pass and suddenly opened car door is out?
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Old 19th Jun 2019, 10:53
  #25 (permalink)  
 
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Originally Posted by racedo View Post
All well and good, but it was posted after this thread.
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Old 19th Jun 2019, 11:20
  #26 (permalink)  
 
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Originally Posted by NutLoose View Post
All well and good, but it was posted after this thread.
Check again!
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Old 19th Jun 2019, 11:52
  #27 (permalink)  
 
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Originally Posted by Greek God View Post
Presumably the cyclist could put a counter claim in against her & call it quits?
Perhaps.

More than ten years ago I was involved in a nasty accident where a chap out running (wearing headphones) ran across a dual carriageway. I was in the outside lane, about to overtake some slow moving traffic, and didn't see him until he came through my windscreen. He was seriously injured, but lucky to survive according to the police. The force of the impact pushed the roof of my car down so it almost hit my head inside the car.

There were lots of witnesses, thankfully, and the police told me within 24 hours that they would not be taking any action, as in their view I could not have avoided the accident. Several weeks later I was contacted by a solicitor acting for the injured chap, who was claiming damages from me for the consequences of the accident. My insurance company interviewed me, but told me they were considering settling the claim out of court. I was bloody angry at this, as even though I felt very sorry for the chap's injuries I didn't see why I should have to have a claim on my record just because he'd been stupid.

I asked my insurance company to put the claim on hold and submitted a counter claim against the pedestrian, claiming for my uninsured losses, time off work, mental health issues arising from the accident (trust me, you never, ever, want to have recurring nightmares of a human body coming through the windscreen of your car) etc. I included mention of the breaches of the Highway Code by the pedestrian, together with witness statements I managed to get from two of the eye witnesses who'd given me their details on the day. A couple of weeks later I received a letter from the solicitor acting for the pedestrian that he was dropping the claim against me, and asking if I would be prepared to do the same. I dropped the claim as soon as I had confirmation from my insurance company that they weren't going to pay out.

The sting in the tail was that this personal injury claim still showed on my insurance history anyway, even though they didn't actually pay out on it.
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Old 19th Jun 2019, 12:07
  #28 (permalink)  
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Originally Posted by NutLoose View Post
All well and good, but it was posted after this thread.
My 2019 calendar shows Wed 19th June coming after Tue 18th June.

Last edited by pilotmike; 19th Jun 2019 at 12:17.
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Old 19th Jun 2019, 12:25
  #29 (permalink)  
 
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Originally Posted by meadowrun View Post
So, the close pass and suddenly opened car door is out?
That seems unfair to me, and no, I didn't get the memo.
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Old 19th Jun 2019, 14:51
  #30 (permalink)  
 
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Cyclist lives in France now, ignore the court judgement and she gets zilch which would have its own judgement on her idiotness.
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Old 20th Jun 2019, 08:23
  #31 (permalink)  
 
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Originally Posted by pilotmike View Post
Did you hear the one about the judge who believed 3 witnesses that the cyclist after the pedestrian walked straight into the path of the cyclist, and 3 witnesses stated that ", and summed up that Further, that Ms B's [the pedestrian] conduct as a pedestrian must have contributed to the accident.

... and yet the judge found in the pedestrian's favour and awarded damages against the cyclist.

What a bizarre judgement, though surely we must believe that the judge being female had nothing whatsoever to with finding against the man in favour of the woman. Surely?
I agree with your points. I have read an additional paragraph. This stated that the pedestrian had started to cross while the traffic lights were on red. But it was a close call. The cyclist did nothing wrong, not speeding nor riding through red lights, but as the pedestrian was still on the road and not completed her crossing, well the judge favoured the pedestrian.

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Old 20th Jun 2019, 08:36
  #32 (permalink)  
 
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The judge determined that the pedestrian wasn't paying attention and so shared the blame. But the judge also determined that the cyclist was travelling too fast for the prevailing conditions and so was also responsible for the accident. The judge took the view that in a crowded street where the pavements are thronged with pedestrians a road user should be making allowance for the risk that someone steps off the pavement - wither through being jostled or through momentary misjudgement. This cyclist clearly wasn't, and was therefore cycling dangerously.

PDR
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Old 20th Jun 2019, 11:08
  #33 (permalink)  
 
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Just when you think it couldn't get worse

https://www.msn.com/en-gb/news/uknew...ent/ar-AAD86FF

Four members of a girl gang have been spared jail despite playing a part in a “sustained and horrific” attack on a frightened Egyptian student who later died.Mariam Moustafa suffered a stroke, which left her in a coma after being “pushed so hard” that she was slammed against a bus shelter in Nottingham last February, and died almost a month later.Despite admitting affray in connection with the street assault, two 18-year-old girls, who can now be named as Rochelle Dobbin and Netesha Lewis, and two 16-year-old girls were only handed referral orders by a district judge at Nottingham Youth Court on Wednesday.Although the teenagers were not sent to custody, a district judge described them as “aggressive” and said they should be “condemned” for their actions.
They were spared detention because the court should “avoid criminalising young people unnecessarily” and the teenagers could only be sent to custody as “a last resort”.
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Old 20th Jun 2019, 11:23
  #34 (permalink)  
 
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Nutty

I feel certain that four male youths in similar circumstances would have been treated in an identical manner. Not!

I blame the Spice Girls. Thanks to them and ‘girl power’ girls can be just as unpleasant as boys. Why are they not treated the same?

BV
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Old 21st Jun 2019, 11:58
  #35 (permalink)  
 
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Declare bankruptcy in UK and she gets NOTHING.

https://www.dailymail.co.uk/news/art...ed-London.html
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