Public raise £45k for cyclist told to pay yoga teacher up to £100k after SHE stepped in front of his bike while on phone
A CYCLIST forced to pay a yoga teacher after she stepped out in front of his bike while staring at her phone has thanked well-wishers who raised £45,000.
Robert Hazeldean is facing bankruptcy after a court ruled he was liable to pay Gemma Brushett up to £100,000 damages following the collision.
The cyclist has now said he would be “forever thankful” to more than 3,000 people who have donated to a GoFundMe page.
A hearing to decide the final court costs will take place at a later date, with any money leftover donated to ActionAid.
Gemma, 28, was hit by Robert on a busy crossing as he rode home through central London in 2015.
Both were knocked unconsciousness in the collision – with Gemma suffering a minor head injury and him ending up with cuts.
Do cyclists need insurance?
UNLIKE drivers, cyclists do not need insurance to be on the road.
A few take out an insurance policy in case they are involved in a collision, but if they end up running into someone it can prove costly.
If a cyclist hits a pedestrian who was not looking where they were going, a judge will often rule both are equally to blame – meaning they are liable to pay their own extortionate legal costs.
The rider may also have to pay out compensation to the pedestrian, which can add thousands of pounds on to their bill.
If a cyclist is insured, they are protected from monster legal bills by the insurance company if someone claims they are at fault in a crash.
The pedestrian launched a bid for compensation blaming him for the accident – despite a court hearing she was staring at her phone when she walked on to the road.
Hazeldean now has to pay out because “cyclists must be prepared at all times for people to behave in unexpected ways”, Judge Shanti Mauger said.
She added: “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.”
Cycling - the law
UP to 130 people were seriously injured in accidents involving cyclists last year and four were killed on Britain’s roads.
And more than ten pedestrians suffer life threatening injuries every month when they are hit by people on bicycles.
As a result, the government is looking at ways to make the roads safer for pedestrians and are urgently reviewing whether new laws should be brought in to cover dangerous cycling.
The current Victorian legislation was originally used deal with reckless handling of horses but there is no cycling equivalent to the offence of causing death by dangerous driving.
Cycling without due care and attention or reasonable consideration for other road users carries a £1,000 maximum fine, while dangerous cycling could land someone with a £2,500 fine.
But causing injury by cycling furiously has a two year maximum sentence and falls under the legislation from 1861.
Pedestrians have a duty to take care of their own safety and in civil law, but even if they step onto a road without looking first and into the path of an oncoming car, the pedestrian may still consider a claim for compensation against the driver.
A driver can claim compensation from the pedestrian in respect of vehicle damage or other injury or losses the driver suffers but they rarely win.
At Central London County Court this week, Judge Mauger awarded Gemma £4,161.79 in damages after saying the 8mm scar she suffered to her lip did not wreck her “very attractive” appearance.
The judge also ordered Robert to pay her legal bills, thought to be in the region of £100k, because he was not insured at the time of the crash.
The landscape designer, who has since moved to Côte d’Azur in France to start a new life, said he was “deeply disappointed” by the decision and could be left “bankrupt”.
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He said: “Today finally brings to a close four years that have taken a great toll on my mental health.
“I am of course deeply disappointed with the outcome, reeling from the impact it will have on my life, and concerned by the precedent that it might set for other cyclists.
“I am more grateful than I can say for the support of my wonderful girlfriend and my friends and family. I would not have got through this without them.”
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