Tuesday 18 June 2019

Yoga teacher who was staring at her phone when she stepped into the road and was hit by a bike WINS compensation fight

A yoga teacher who stepped out in the road while looking at her phone before being wiped out by a cyclist has won compensation expected to reach thousands of pounds.

Gemma Brushett, 28, has successfully sued Robert Hazeldean after she was knocked down in central London during rush hour in July 2015.

The yoga expert was staring at her mobile as she suddenly walked out from the crowded pavement into the road, the Central London County Court heard.

Mr Hazeldean had come through a green traffic light, and had sounded a loud airhorn attached to his bike, as well as shouting, swerving and braking in a bid to avoid the pedestrian - but ploughed into her at up to 15mph.

But in a significant ruling judge Shanti Mauger said Mr Hazeldean was liable to pay her compensation because 'cyclists must be prepared at all times for people to behave in unexpected ways.'

He said: '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 garden designer was cycling home from work when he collided with Miss Brushett as she crossed a junction near Cannon Street station in the City.

Both parties were knocked out after the crash with the cyclist, from Archway, suffering cuts to his body and the pedestrian, from Kent, being left with a minor head injury.

But Miss Brushett then launched a bid for compensation, blaming Mr Hazeldean, who now lives in southern France, for the accident and she has won her case three years on.

Judge Mauger said the cyclist was 'a calm and reasonable road user' and that Ms Brushett 'was looking at her phone' when she walked into the road in front of him.

But she went on to rule that Mr Hazeldean was liable to pay damages.

The court heard that Ms Brushett, who works for a finance firm in the City as well as running yoga retreats, was one of a 'throng' of people trying to cross the road at the start of rush hour when the accident occurred.

She was looking at her mobile phone when crossing the road from east to west, and only noticed Mr Hazeldean approaching at the last moment.

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.  

Ms Brushett's lawyers told the judge that she could not remember anything about the crash due to 'post traumatic amnesia'.





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