I was telephoned last night ,while watching the Tory leadership debate, to be invited for an interview on LBC this morning on the Nick Ferrari show about this case , just decided at 50/50 at Central London County Court.
Sadly, some breaking news meant they couldn’t cover the story this am but it’s a fascinating case.
For me, there is a hierarchy of vulnerability out there on the streets and pedestrians come first and the elderly , very young and disabled pedestrians at the top .
Cyclists are next, motorcyclists after, and so on. So,I think the judge was right in this case to lean slightly in favour of the most vulnerable road user , the pedestrian.
It’s an argument I have successfully used and continue to use in favour of cyclists so many times, that they are the vulnerable road user against say, a car or HGV lorry and should therefore receive the protection of the court. Mostly, they do and rightly so.
It’s hard not to feel some sympathy for Mr Hazeldean the cyclist in this case ,who was blameless according to several witnesses, but the driver or rider in the bigger vehicle has to look out for a more vulnerable road user than them and drive or ride accordingly.
Bluntly, all drivers and riders especially in urban environments should keep eyes out for pedestrians on their phones in 2019 , just like they should watch for kids running out and even drunk people staggering into their path ; all of these pedestrians are a danger only to themselves and deserve as much protection in my view as they can be given.
If only motorists could apply this same test to themselves when driving their heavy and dangerous weapons around cyclists.