….by making us almost feel sympathy for a cyclist, even one who has recently moved to the south of France.
A yoga teacher who stepped into the road while looking at her mobile phone has won damages from the cyclist who struck her
A yoga teacher AND a cyclist collided?
Wasn’t there an option where they both could have lost? Perhaps taking out three vegans as collateral damage?
The cyclist does seem to have acted reasonably and taken steps to avoid hitting her over and above the usual ding-a-ling and “Hey! Watch out!”:
She “panicked” and tried to dodge back to a traffic island, but the cyclist, who had been travelling at between 10-15mph, swerved in the same direction and hit her.
Mr Hazeldean had come through a green traffic light, and had sounded a loud airhorn attached to his Specialized roadbike, as well as shouting, swerving and braking in a bid to avoid the pedestrian.
Seems entirely her fault.
Judge Shanti Mauger, sitting at Central London County Court, said the cyclist was “a calm and reasonable road user” who was “courteous and mild-mannered”.
But she went on to find that Ms Brushett deserved a payout, saying Mr Hazeldean “owed a duty to other road users to drive with reasonable care and skill.”
Which presumably means riding at a snail’s pace in case something interesting is trending on a pedestrian’s Facebook feed that morning?
It all seems a bit silly really. Roads are for vehicles, pavements are for pedestrians, and the rules when those two worlds need to meet are fairly well-established. If road users now need to assume every pedestrian is going to randomly leap out in front of them, we may have just found the secret of full employment as everyone with a vehicle hires a person to walk in front waving a red warning flag.
What about this judge, Shanti Mauger, what other cases has she ruled on recently?
Can we find anything else in the public domain about this judge?
Oh, her actual name is Claire, her middle name is Shanti, and her recently-deceased Dad was a not so happy clappy yoga devotee.
Wait, what? Yoga???
I’m going out on a limb here but do you think that maybe
Claire Shanti let her own personal feelings toward the stupid yoga teacher interfere with the requirement to provide unbiased judgement based on the facts presented and the legal precedent?
I’m no legal expert but I’d strongly suggest the cyclist might want to consider appealing the ruling.
Ommmmm. And breathe.