A cyclist who knocked over a woman stepping out on the street while looking at her mobile phone has been court-ordered to pay what could likely amount to up to £100,000 (about $126,000 USD) in compensation and court costs, The Guardian reported.
On July 20, 2015, garden designer and avid cyclist Robert Hazeldean was cycling through central London on his way home from work.
As he was passing through a busy junction at the north end of London bridge during rush-hour, he collided with 28-year-old Gemma Brushett, a finance worker who had just stepped out onto the road while her head was down, looking at her phone.
The crash knocked both Hazeldean and Brushett unconscious, with Brushett reporting damaged front teeth and facial scars.
Following the collision, Brushett sought financial compensation from Hazeldean who she blamed for the accident.
However, in court, Judge Shanti Mauger claimed that the cyclist was a “calm and reasonable road user” and added that at the time of the accident, Brushett had been “looking at her phone” as she walked into the road.
Ultimately, both parties were found to be in equal blame for the crash.
However, only Brushett was entitled to a financial payout, since she had filed a claim and Hazeldean had not. While in court, Judge Mauger told Hazeldean he could have also sued Brushett if he had chosen to, but he did not.
Hazeldean later said he was reluctant to put in a counter-claim because he disliked “claim culture”, and said, “Had I had legal representation at the time of preparing my defense, I would have taken those steps to protect myself.”
Brushett was awarded over $5,000 in damages after her injuries were examined in court.
Judge Mauger reportedly told her that the 8mm scar she suffered to her lip as a result of the collision did not wreck her “very attractive” appearance.
However, the judge also ruled that Hazeldean must pay Brushett’s legal fees as well.
These fees are estimated to cost upwards of £100,000 (about $126,000 USD). Judge Mauger explained in court that Hazeldean is still liable to pay damages, citing the fact that “cyclists must be prepared at all times for people to behave in unexpected ways.”
Hazeldean, who now works in France, said he is “reeling” from the verdict that will likely leave him bankrupt.
He posted a public statement to his Twitter account in which he said, “I am of course deeply disappointed with the outcome…and concerned by the precedent that it might set for other cyclists.”
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He added, “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.”
Following news that this verdict could leave Hazeldean bankrupt, one of his friends set out to help him with his enormous financial burden.
A GoFundMe page was established on the cyclist’s behalf, simply titled: “Help cover Robert Hazeldean’s legal fees.”
Speaking about the verdict, the campaign’s poster wrote, “The cost to Robert — one of the kindest, most gentle and responsible people I have the privilege of calling a friend — is likely to bankrupt him. I have started this crowdfunder in the hope that we might be able to ease some of that financial burden.”
As of posting, the campaign has well-exceeded its initial goal of £21,300 (about $27,000 USD).
Since being posted on June 20, the GoFundMe has earned £29,405 (about $37,000) to help out Hazeldean as he deals with the financial costs ordered to him by the court.
He shared a response to the incredible efforts of the GoFundMe on Twitter and wrote that any money raised beyond what the final costs prove to be will be donated to the UK-based charity Action Aid which works to help women and girls living in poverty.
h/t: The Guardian
