http://citycyclingedinburgh.info/bbpress/ CityCyclingEdinburgh Forum » Topic: Woman knocked down while on phone wins payout from cyclist en Sun, 17 May 2026 23:30:40 +0000 http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309680 Sat, 29 Jun 2019 09:41:58 +0000 Baldcyclist 309680@http://citycyclingedinburgh.info/bbpress/ <p>This thread has also played quite a large part in me joining Cycling UK.</p> <p>I also seem to be the right age now, the age scroll bar starts at 1st Jan 1979, so I didn't have as far to scroll as normal. I presume that they know their demographic... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309653 Fri, 28 Jun 2019 17:20:49 +0000 splitshift 309653@http://citycyclingedinburgh.info/bbpress/ <p>@ condor2378 the bank account, MIGHT also include family members insurance too! A family member of mine works for that erstwhile company and is checking as we speak !!! </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309590 Fri, 28 Jun 2019 10:21:34 +0000 spytfyre 309590@http://citycyclingedinburgh.info/bbpress/ <p><em>Do Cycle Law Scotland take on this sort of work? Do we have much of this in Escozia or is it that London type of thing?</em><br /> @Gembo - no I called them - said in my post, the cover you if you get hit by vehicle basically. Not 3rd party peds being hit by you </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309437 Wed, 26 Jun 2019 10:47:20 +0000 condor2378 309437@http://citycyclingedinburgh.info/bbpress/ <p>Based on this outcome, I have now gotten myself British Cycling "Ride" (Commuting + leisure) cover, and as I have an HSBC bank account, they affiliate with BC and discount £24 off for the year, meaning this insurance cost £17 instead £41.</p> <p>At the moment they are also giving £175 to those who switch to using it as their main bank account. I'd recommend them. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309396 Tue, 25 Jun 2019 19:35:20 +0000 gembo 309396@http://citycyclingedinburgh.info/bbpress/ <p>@14Westfield I think the barrister points out the lack of counter suing</p> <p>I imagine the cyclist regrets this now?</p> <p>Also only witness another cyclist who was overtaken </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309394 Tue, 25 Jun 2019 19:04:17 +0000 14Westfield 309394@http://citycyclingedinburgh.info/bbpress/ <p>It is interesting that the lawyers article blanked the most egregious part of this debacle: a defendant who does not countersue or engage their own lawyer faces unlimited costs.</p> <p>Had Hazeldean got his own lawyer at he start cost charges would have been capped at £8k.<br /> Allegedly the amount he is now being charged by the guy who wrote the article is £100k </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309393 Tue, 25 Jun 2019 18:37:29 +0000 minus six 309393@http://citycyclingedinburgh.info/bbpress/ <p><em>Do we have much of this in Escozia or is it that London type of thing?</em></p> <p>central edinburgh junction etiquette now notably absent</p> <p>easy to accomodate folk who make eye contact and just want to get on with the show but many are utterly oblivious to immediate surroundings</p> <p>my main concern is the possibility of an unwarranted 'fear and alarm' section 38 charge for offering audible advance warning when i try to get through the queensferry street junction on green just after negotiating the train tracks</p> <p>they treat that junction like they treat their politics -- block vote wins and to hell with the consequences for unprotected minorities </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309388 Tue, 25 Jun 2019 17:20:19 +0000 Ed1 309388@http://citycyclingedinburgh.info/bbpress/ <p>This case may highlight the benefits of cyclists and pedestrians having third party liability insurance. I see some news sources have suggested the benefits of cycle insurance, this thinking would also apply to pedestrians. liability was shared and if things were consistent, which of course they may not of been in practice, then if the cyclists had taken the action and the pedestrian not, it may be the cyclist receiving their half of the damages. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309382 Tue, 25 Jun 2019 15:57:43 +0000 gembo 309382@http://citycyclingedinburgh.info/bbpress/ <p>A person who defends himself in court has an idiot for a client - is what the lawyers say</p> <p>Do Cycle Law Scotland take on this sort of work? Do we have much of this in Escozia or is it that London type of thing?</p> <p>Claimant did seek out of court settlements for less. Claimant received £4k for pain and less than two hundred for another part of her claim (reduced from £8k due to her contributory negligence). </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309377 Tue, 25 Jun 2019 15:35:15 +0000 steveo 309377@http://citycyclingedinburgh.info/bbpress/ <p><em>Until they really need one.</em></p> <p>Or <em>really</em> should have engaged one! </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309375 Tue, 25 Jun 2019 14:49:32 +0000 Wilmington's Cow 309375@http://citycyclingedinburgh.info/bbpress/ <p>Everyone hates lawyers. Until they really need one. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309373 Tue, 25 Jun 2019 14:02:23 +0000 jonty 309373@http://citycyclingedinburgh.info/bbpress/ <p>The "claims industry" and lawyers employed therein have helped lots of cyclists get their lives (and bikes) back on track after serious collisions so I'm reluctant to join in with blanket criticism. It sounds like they've all done their jobs pretty well here to the extent that they were able to. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309363 Tue, 25 Jun 2019 11:04:46 +0000 CycleCommute.CC 309363@http://citycyclingedinburgh.info/bbpress/ <p>Interesting article that. So they only used one witness, who was also on a bike and got overtaken by the defendant. The other 3 witnesses who stated the claimant was at fault were not used. It does sound like he acted a bit stupid though.</p> <p><blockquote>"Mr H said that he was overtaken by the Defendant, who was travelling at around 20mph and had sounded his airhorn. Mr H considered that the Defendant accelerated as he approached the crossing."</blockquote><br /> Not sure how reliable Mr H is: 20mph heading towards a crossing and then accelerating!??? </p> <p><blockquote>"If any wider good has come from this case it is that the publicity may encourage cyclists to take out insurance to protect themselves in the event that their riding causes someone to suffer injury."</blockquote><br /> Great, that'll help feed the claims industry and lawyers like you then. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309355 Tue, 25 Jun 2019 10:17:38 +0000 Murun Buchstansangur 309355@http://citycyclingedinburgh.info/bbpress/ <p><a href="https://clinicalnegligencebarrister.wordpress.com/2019/06/24/brushett-v-hazeldean-the-facts/" rel="nofollow">https://clinicalnegligencebarrister.wordpress.com/2019/06/24/brushett-v-hazeldean-the-facts/</a> </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309194 Fri, 21 Jun 2019 19:50:02 +0000 gkgk 309194@http://citycyclingedinburgh.info/bbpress/ <p>I am all for pedestrians pedesting, but also have no trouble imagining how, cycling, I could hit the warning horn and then go on to misread a situation and have a collision. I think I could easily find myself self-representing, failing to counterclaim (core lesson to remember there!). Reading the <a href="https://www.gofundme.com/f/help-cover-rob-hazeldean039s-legal-fees">gofundme page</a> (up around £27k, including my fiver), the guy seems like a nice charity worker fellow, whose life has been hit by this proper Dickensian plot twist <em>that could easily happen to any of us</em>. I was glad to be able to show him a wee bit of support. He even got quite a sympathetic write-up in the d mail, I see, which tells you something. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309191 Fri, 21 Jun 2019 16:40:33 +0000 I were right about that saddle 309191@http://citycyclingedinburgh.info/bbpress/ <p>Wise words @Roibeard. Bicycling just isn't that dangerous to third parties. </p> <p>I do hope we're not on the road to a society where the only way to financial security is to get luck in an accident. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309189 Fri, 21 Jun 2019 16:23:29 +0000 Roibeard 309189@http://citycyclingedinburgh.info/bbpress/ <p>In addition to cycle club membership (British Cycling, <strike>CTC</strike> Cycling UK, or try the <a href="https://www.tandem-club.org.uk/">Tandem Club</a> which was even cheaper!) legal insurance is often offered as a cheap add-on for other insurance (car, buildings or contents).</p> <p>Home insurance often includes a liability clause (even without the legal insurance), e.g.</p> <p><em>We’ll cover you if you’re to blame for accidental injury or damage anywhere in the world. This means you’re insured as an individual but not for anything that happens while you’re at work. So, if you accidentally hit someone with your back swing when you’re playing golf for fun, you’re covered. But if someone else was paying you to teach them to play, you’re not.</em> Allianz contents insurance</p> <p>The reason cycle club membership includes liability insurance so cheaply is that it very rarely is required, so it costs very little to the membership organisation to obtain it. Worth remembering that "dog bites man" isn't news, but "man bites dog" is a headline...</p> <p>Robert </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309188 Fri, 21 Jun 2019 16:08:59 +0000 Cyclingmollie 309188@http://citycyclingedinburgh.info/bbpress/ <p>So, to my family's concerns for my safety when I'm out cycling I can now add the fear that we might lose our house if I bump into someone who steps out in front of me.</p> <p>I will be investigating insurance, through British Cycling perhaps. Maybe we now need a link in the side-bar to <a href="https://www.cyclelawscotland.co.uk/">Cycle Law Scotland</a>, for quick reference. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309186 Fri, 21 Jun 2019 15:01:41 +0000 acsimpson 309186@http://citycyclingedinburgh.info/bbpress/ <p>I guess there is a limit on how long after an incident you can sue someone which is why countersuing isn't an option for Mr Hazeldean.</p> <p>I'm not sure if it's the yoga lady or her lawyers doing it but someone is clearly taking the piss while coming up with their figures in this case.</p> <p>It all feels a little like the American health system where insurance companies have their costs capped but the uninsured can be charge whatever takes the doctors fancy. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309184 Fri, 21 Jun 2019 14:10:42 +0000 jonty 309184@http://citycyclingedinburgh.info/bbpress/ <p>&gt; Interesting reading re dogs basically slower than 20mph or get off and walk around corners...</p> <p>I think there's a bit of leeway between going 20mph round a blind bend and walking! Even then, they were only found 30% liable. Without a deeper knowledge of the circumstances I'd say that's fairly reasonable judgement really. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309183 Fri, 21 Jun 2019 13:51:31 +0000 spytfyre 309183@http://citycyclingedinburgh.info/bbpress/ <p>and finally good to see someone has started a <a href="https://www.gofundme.com/f/help-cover-rob-hazeldean039s-legal-fees">gofundme</a> for the legal fees </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309175 Fri, 21 Jun 2019 12:08:48 +0000 spytfyre 309175@http://citycyclingedinburgh.info/bbpress/ <p><a href="https://www.cyclelawscotland.co.uk/why-choose-us/case-law/dogs/">Interesting reading re dogs</a> basically slower than 20mph or get off and walk around corners... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309174 Fri, 21 Jun 2019 11:53:17 +0000 spytfyre 309174@http://citycyclingedinburgh.info/bbpress/ <p>I just called the Cycle Law Scotland number (08000893389) from the card I have been carrying round with me but they do not cover 3rd party<br /> Said to look at <a href="https://www.cyclinguk.org/join" rel="nofollow">https://www.cyclinguk.org/join</a> (rather than Brisitsh Cycling as I am not in any clubs nor do any sportives or races) cost £46.50 a year but covers <a href="https://www.cyclinguk.org/insurance/third-party-insurance">£10,000,000 insurance cover</a><br /> I called them and got put through to their insurance broker (Butterworth Spengler<br /> Insurance Group 01514944400) who will call me on Monday to talk through the exact cover and if it would match this situation, their cycling specialist on holiday today and their cover also off. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309173 Fri, 21 Jun 2019 11:06:57 +0000 spytfyre 309173@http://citycyclingedinburgh.info/bbpress/ <p><a href="https://www.standard.co.uk/news/uk/cyclist-who-hit-yoga-teacher-who-stepped-into-the-road-while-staring-at-her-phone-faces-bankruptcy-a4172661.html">This</a> almost makes me afraid to cycle for fear of being <a href="https://www.standard.co.uk/news/uk/cyclist-who-hit-yoga-teacher-who-stepped-into-the-road-while-staring-at-her-phone-faces-bankruptcy-a4172661.html">bankrupted</a> by someone who<br /> a) is not paying attention<br /> b) steps out onto a road at a red man or anywhere on the street<br /> c) expects that a cyclist might not be checking over a shoulder at other traffic and otherwise occupied<br /> Expect the unexpected? I can't wait for someone to come round and install my <em>mind reading chip</em> </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670&page=2#post-309170 Fri, 21 Jun 2019 10:52:07 +0000 neddie 309170@http://citycyclingedinburgh.info/bbpress/ <p>I'm surprised he wasn't insured for public liability under his (or his landlord's) home contents insurance.</p> <p>Perhaps he or his landlord did not have it? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670#post-309167 Fri, 21 Jun 2019 10:09:26 +0000 steveo 309167@http://citycyclingedinburgh.info/bbpress/ <p>Jeeze, thats grim reading. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670#post-309166 Fri, 21 Jun 2019 09:54:53 +0000 Murun Buchstansangur 309166@http://citycyclingedinburgh.info/bbpress/ <p><a href="https://levisolicitors.co.uk/news/our-client-robert-hazeldean/" rel="nofollow">https://levisolicitors.co.uk/news/our-client-robert-hazeldean/</a></p> <p>"The Personal Injury team is acting for Mr Robert Hazeldean in defending a claim brought against him by Gemma Brushett.</p> <p>Unfortunately, Mr Hazeldean had not felt able to instruct solicitors at the outset due to costs. He therefore tried to deal with the case as a litigant in person. The Claimant took advantage of this and has now sought almost £100,000 in costs. We are strongly resisting this as a total abuse of process, and are pleased to report that the court has listed this matter for a third occasion. The court has ordered that the Claimant pays our client’s costs of this third hearing.</p> <p>Emma Farrell, head of the Personal Injury team, said; “If Mr Hazeldean had been insured, the Claimant’s legal costs would have been limited to a mere £6,690. If he had come to us sooner, we would have advised him to enter a counterclaim given that he has been left with permanent scarring, both physically and mentally He would then have had protection under the law against a large costs order.”</p> <p>Sadly, this is not the only uninsured defendant case that we are running. We believe that the law in this area urgently needs reforming.</p> <p>Our client is reeling and taking some time to reflect on his options. He asks for privacy at this time. Any press enquiries should be sent to <a href="mailto:rjago@levisolicitors.co.uk">rjago@levisolicitors.co.uk</a></p> <p>Mr Hazeldean has, however, asked us to share his own thoughts on the matter.</p> <p>Statement of Robert Hazeldean<br /> 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.</p> <p>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. I have also been extremely touched by the messages of support from strangers who have read about the case in the press.</p> <p>I’d like to thank my lawyers for helping me understand and navigate the complexities of the legal system, and can only regret not having engaged them sooner, delayed as I was by my lack of legal knowledge and concern about the costs. I feel that most cyclists would not have appreciated the consequences of not taking the opportunity to put forward a counterclaim which meant that I was unable to rely on the legislation in the same way that the Claimant has to protect myself against a destructive costs award. This was not because I was not injured, but because I do not advocate the claim culture. Had I had legal representation at the time of preparing my defence, I would have taken those steps to protect myself.</p> <p>I would urge other cyclists to take out insurance through British Cycling to help protect them from experiencing what I’ve gone through.</p> <p>The case has cast a shadow over our new life in France and left our future uncertain. Covering the costs and the compensation is going to exceed £20,000 and will leave me bankrupt. 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.</p> <p>– Robert Hazeldean" </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670#post-309088 Wed, 19 Jun 2019 17:09:12 +0000 Cyclingmollie 309088@http://citycyclingedinburgh.info/bbpress/ <p>The version of the story I read (not the Guardian) had none of this detail. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670#post-309085 Wed, 19 Jun 2019 16:22:19 +0000 stiltskin 309085@http://citycyclingedinburgh.info/bbpress/ <p><em>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."</em><br /> From the Torygraph I believe. I think it is reason why he has been held liable. It is easy to react as if it is always the cyclist getting the blame, but I think you need to have a better idea of the detail involved in the case. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=19670#post-309071 Wed, 19 Jun 2019 14:03:35 +0000 davidsonsdave 309071@http://citycyclingedinburgh.info/bbpress/ <p>Haymarket seems to be a Mecca for unpredictable pedestrian behaviour with folk crossing the roads at unusual locations when the lights are red for traffic on Clifton Terrace. </p> <p>There are long wait times on some of the crossings which seems to lead to frustration for some people. Yesterday I was called a rule2-hole by a pedestrian for cycling through the green traffic light a few of meters behind a car. He seemed like a particularly unpredictable person though. </p>