Safe Speed Forums

From the Belfast Telegraph

http://www.belfasttelegraph.co.uk/news/ ... 22112.html

19 February 2014

A CYCLIST who crashed into a car during a training run is to receive more than £50,000 in damages, a High Court judge has ruled.

Motorist John Campbell was held to be liable for the unspecified injuries Conor McAllister suffered in the dual carriageway collision just outside Ballymena.

But Mr Justice Stephens reduced Mr McAllister's £70,000 payout by 25% for the contributory negligence of looking down at a heart rate monitor rather than watching the road.

The 25-year-old amateur cyclist sued Mr Campbell over the collision, which occurred in November 2009. He had been riding out to Broughshane village as part of a route which included Cloughmills and Glenarm.

The defendant had decided to pull over in his Renault Scenic to give his sister-in-law a lift.

He claimed Mr McAllister just rode straight into the back of his car, which had been stopped stationary for 30 seconds.

But Mr Justice Stephens held that the length of scrape marks on the car was inconsistent with it having been stopped and the handbrake applied. And he said the defendant should have been looking at where he was going.

_________________
Anyone who tells you that nothing is impossible has never bathed in a saucer of water.

Eh????? So the guy had stopped...maybe for 30 seconds maybe for 3 seconds, what does it matter? Surely if someone runs into you, when stationary, from behind it is their fault. The fact that the cyclist admits to looking at a monitor at the time, means he should be done for diving/cycling without due care.

_________________
My views do not represent Safespeed but those of a driver who has driven for 39 yrs, in all conditions, at all times of the day & night on every type of road and covered well over a million miles, so knows a bit about what makes for safety on the road,what is really dangerous and needs to be observed when driving and quite frankly, the speedo is way down on my list of things to observe to negotiate Britain's roads safely, but I don't expect some fool who sits behind a desk all day to appreciate that.

Interesting... seems to be some incomplete reporting in that link... a little more here:

http://www.newsletter.co.uk/news/region ... -1-5886725



Not sure of the nature of any injuries but as a sponsored rider (http://www.chainreactionhub.com/crc-vit ... mcallister) i presume there is some loss of earnings etc in with the payout.

As a "fast" cyclist on a presumably urban DC (picking up sister in law = in town?) you'd be better off not worrying about your heart rate until you get out of town. But the court seems satisfied that the driver was culpable and the rider's actions only contributary.

Most likely scenario ? Driver passes cyclist not really taking note of his speed (possibly at roundabout or exit of), spots passenger (maybe unexpectedly) waiting at side of road, hangs on anchors to pick up. Cyclist already close to back of vehicle from the overtake isn't expecting this & has taken this moment to glance at watch/bike computer (not unreasonable given you're probably expecting that car to keep pulling away). Suspect this all happens over a few seconds so a glance is all it takes. Shame no CCTV.

(Says me having had my closest of close shaves on the way home tonight eyes open please people)