A young lady was hit by a cyclist after she walked into the road whilst looking down at her mobile phone. She has subsequently won damages from the cyclist who hit her.
The judge presiding over the case stated that the Yoga teacher, aged 28, was distracted when she was hit by cyclist Robert Hazeldean, yet stated that he was still liable. The judge commented, “Cyclists must be prepared at all times for people to behave in unexpected ways.”
Ms Brushett, from Kent, was knocked unconscious when she was struck by the bike near London Bridge on July 20 2015. She was crossing the road amongst other pedestrians during the rush hour. Whilst walking she was looking at her phone and noticed Mr Hazeldean at the last moment before the collision.
It was suggested that she “panicked” and tried to retreat to the traffic island. Unfortunately Mr Hazeldean, who was seemingly cycling at 10 to 15mph, swerved in the same direction and hit her.
It was stated in Mr Hazeldean’s defence that he rode through a green traffic light, had sounded a horn attached to his bike, shouted out loud, swerved and braked in his efforts to avoid a collision. Ms Brushett’s solicitor told the judge that she could not remember anything about the incident as a consequence of “post traumatic amnesia”. She subsequently launched a bid for compensation.
The cyclist, Mr Hazeldean, who now works in France as a graphic designer was also knocked out by the impact. Three other witnesses backed his story by telling police that Ms Brushett was “not looking where she was going” and that “the cyclist was not at fault”.
Sitting at Central London County Court Judge Shanti Mauger said the cyclist was “a calm and reasonable road user” who was “courteous and mild-mannered”. Unfortunately for Mr Hazeldean she latterly explained that Ms Brushett deserved a compensation pay out by stating that the cyclist “owed a duty to other road users to drive with reasonable care and skill”.
The judge ruled that both parties were equally responsible, and said Ms Brushett should get half the full value of her claim, which was undisclosed.