Thursday, 28 Mar 2024

Cyclist must pay up to £100,000 to woman who stepped out in front of him

A crowdfunding site has been set up for a cyclist who has been forced to pay up to £100,000 in legal costs and compensation following a crash.

Robert Hazeldean collided with a pedestrian who stepped into the road while looking at her phone.

Gemma Brushett has been awarded £4,161.79 in damages following a four-year court battle after she successfully sued Mr Hazeldean.

He has also been ordered to pay £10,000 to cover the pedestrian’s legal fees and £7,000 to cover his own costs.

And his lawyers have warned him that figure could top £100,000 when the final costs are declared.

It brings to a close a legal battle that has been ongoing since the central London accident in July 2015.

Mr Hazeldean sounded a bike horn, and swerved to try to avoid the 28-year-old who stepped out despite the traffic lights being on green.

Both were knocked out in the collision which Judge Shanti Mauger found they were equally to blame for.

However, the judge ruled Mr Hazeldean was liable to pay Ms Brushett compensation because “cyclists must be prepared at all times for people to behave in unexpected ways”.

She said: “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.”

Following the ruling, Mr Hazeldean released a statement which said: “This verdict brings to a close four years that have taken a great toll on my mental health.

“I am of course deeply disappointed with the outcome, reeling from the impact it will have on my life, and concerned by the precedent that it might set for other cyclists.

“Covering the costs and the compensation is going to exceed £20,000 and will leave me bankrupt.

“I can only hope that the focus on this case highlights the vulnerability of cyclists, both physically and against the courts, and that it might help reform a legal system that appears to leave certain road users disproportionately exposed.”

He added: “I would urge other cyclists to take out insurance through British Cycling to help protect them from experiencing what I’ve gone through.”

If Mr Hazeldean had been insured the claimant’s legal costs would have been limited to £6,690, according to his lawyers.

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