A cyclist is set to pay thousands in damages and court costs to a woman who stepped out in front of him while using her mobile phone.

Cyclist Robert Hazeldean was sued by Gemma Brushett, 28, on the north end of London Bridge.

They were both knocked out when they collided as Ms Brushett crossed the road.

She blamed Mr Hazeldean for causing the collision, but judge Shanti Mauger found that Ms Brushett had been looking at her phone and said he was a ‘calm and reasonable road user’.

However, she ordered him to pay damages saying: ‘Cyclists must be prepared at all times for people to behave in unexpected ways.’

Ms Bushett stepped into the road to cross with other commuters, but spotted Mr Hazeldean heading towards her.

She panicked and stepped back towards a traffic island. Mr Hazeldean swerved to try and avoid her, but instead ended up going in the same direction.

He had gone through a green light and sounded a loud airhorn after seeing Ms Brushett step into the road while using her phone.

Another cyclist stopped at the scene and was recorded accusing Mr Hazeldean of aggressive riding and calling him ‘arrogant and reckless’.

But three other witnesses said Ms Burshett was to blame because she was ‘not looking where she was going’.

Summing up the case and detailing why Ms Brushett should get a payout, Judge Mauger said: ‘When I stand back and ask “how did the accident happen?” it seems to me that Mr Hazeldean 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.

‘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.’

But she added that Ms Brushett’s conduct as a pedestrian must have contributed to the accident.

‘Ms Brushett must clearly have equal responsibility if she is crossing the road without looking – and if she is looking at her phone, even more so,’ she said.

‘But cyclists must be prepared at all times for people to behave in unexpected ways.

‘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.

The figure will be fixed at a later date.

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