Cyclist who knocked over pedestrian on phone must pay up to $184,000

They were both at fault, yet a court has ordered a cyclist to pay up after he hit a pedestrian who was using her phone at the time.

Cyclist Robert Hazeldean has been ordered to pay about $184,000 in compensation costs after colliding with Gemma Brushett, a yoga instructor who was using her mobile phone and allegedly stepped into traffic without looking.

The two were left unconscious from the accident, but a judge has sided with the 28-year-old woman.

The judge, Shanti Mauger, said both were equally to blame for the accident, but only Ms Brushett had put in a claim.

She was awarded $7630.31 in damages for the 8mm scar sustained to her upper lip, but Mr Hazeldean was also ordered to pay legal fees for the two-day case, which was estimated to be as much as $184,000.

“Ms Brushett and Mr Hazeldean were equally culpable in this accident, and Mr Hazeldean, for whatever reason, hasn’t made a claim, and so only Ms Brushett is getting a payout,” Judge Mauger said as reported by The Guardian.

According to Metro, three witnesses told the court Ms Brushett was distracted and on her mobile before she stepped onto the road.

Gemma Brushett was knocked out on impact. Picture: Champion News Service

But while Judge Mauger said Mr Hazeldean was a “calm and reasonable road user”, she said they were both at fault — and “cyclists must be prepared at all times for people to behave in unexpected ways”.

“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,” Metro reported Judge Mauger as saying at Central London County Court.

“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.”

The judge found Gemma Brushett and Robert Hazeldean were both to blame — but she was entitled to damages. Picture: Champion News Service

The court heard Mr Hazeldean, a garden designer, was heading home after work when he reached the busy bridge, which many pedestrians were trying to cross.

Ms Brushett was on her phone as she crossed and failed to see Mr Hazeldean approaching.

He apparently sounded a horn to warn her, but the woman panicked and tried to retreat — however, in a split-second decision, the cyclist also swerved in her direction in an attempt to avoid her.

Mr Hazeldean was travelling at a maximum speed of 24 kilometres per hour at the time, and Ms Brushett was left with a minor head injury, which resulted in her legal claim for compensation.

Judge Mauger said even though the lights were on green for Mr Hazeldean, Ms Brushett had right of way, according to The Guardian.

“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,” Judge Mauger said.

Gemma Brushett was using her phone shortly before she was hit. Picture: Champion News Service

“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.”

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