Pedestrian vs Cyclist

Forums › Transport (cars, bikes and boats) › Pedestrian vs Cyclist - who pays?

MikeAqua

7769 posts

Uber Geek

#191361 2-Feb-2016 10:21

Late last year I had the misfortune as a pedestrian to have a collision with a cyclist, while I was crossing the road.

No-one was hurt beyond bruises and scrapes but the bike was structurally damaged.

We both apologised, he was philosophical about the damage to the bike and I gave him my details in case he needed info to make a claim.

Now his insurer is chasing me for a couple of grand to replace the bike chassis. They say I am entirely at fault as I was crossing on a red pedestrian signal.

I was. But: It was a bus only street with no buses near to me , closed to all other traffic (including bikes) and closed to buses by a red light. The guy on the bike had to run a red light to enter the street. He did this off a downhill at some speed, and it was wet. We both took evasive action in the same direction - I ran forward and he swerved right. Comedy of errors really.

My view is by two counts (red light, not-a-bus) the cycle should not have been there. I also think he should have swerved left to avoid collision, and was traveling too fast for the conditions.

If fault is shared both parties cover their own loss.

I would appreciate views on fault/liability in this situation.

Mike

1 | 2 | 3 | 4 | 5

27982 posts

Uber Geek

Trusted

Lifetime subscriber

#1483321 2-Feb-2016 10:25

Just deny it. Keep denying it. Infact are you sure that you're not injured at all?

Richard rich.ms

Tradepub

Free professional, reference and technical white papers (affiliate link).

MikeAqua

7769 posts

Uber Geek

#1483326 2-Feb-2016 10:30

I am denying it. Just interested in an objective appraisal of fault - I'm biased.

I wasn't injured, but my suitcase was scratched.

richms:

Just deny it. Keep denying it. Infact are you sure that you're not injured at all?

Mike

richms

27982 posts

Uber Geek

Trusted

Lifetime subscriber

#1483331 2-Feb-2016 10:32

Pointless speculating since it will probably end up at disputes with some clueless person deciding if they take it that far. Best not to give reasons now since they will have time to think about a counter to those if you do end up there.

Richard rich.ms

jmh

458 posts

Ultimate Geek

#1483401 2-Feb-2016 11:23

Sounds like you are both at fault. I would take a trip back to the same location to make sure your memory is correct (you may have been under minor shock so may not be recalling it correctly). While you are there, take photos demonstrating the fact that it is a no cycling area. However, as already suggested, don't give them too much info at this stage. Just deny it and see if they take it further, at which stage you can tell them you will be taking legal advice and may claim costs if it gets to court.

throbb

675 posts

Ultimate Geek

#1483440 2-Feb-2016 12:07

I think you are primarily at fault. Doesn't matter if the bike was allowed on that road or not. As a pedestrian you must give way to any vehicle on that road, it's you responsibility to make sure it's clear before crossing and follow the traffic signals.

Wheelbarrow01

1702 posts

Uber Geek

Trusted

Chorus

#1483449 2-Feb-2016 12:19

"Now his insurer is chasing me for a couple of grand to replace the bike chassis"

Wow you must have the hide of Chuck Norris to have destroyed a bike chassis with nothing but you body lol. I would contend that the ground caused the damage to the bike chassis rather than your body, and therefore his insurance company should seek redress from the council who clearly made the pavement too hard.....

Seriously though, I agree with the comment about denying it, and gathering evidence for any impending court case. Based on your comments regarding the scenario, there is very little chance you would be found solely at fault, if at all. Three things against the cyclist - running against the red light, bus only area, riding too fast for conditions. Only one thing against you - crossing on a red pedestrian signal.

Consider how likely it is that a pedestrian would get a ticket for crossing on a red signal, versus what he did, and I think you have your answer.

wellygary

8218 posts

Uber Geek

#1483451 2-Feb-2016 12:23

1) First step is to always deny liablilty

2) Do you have house/vehicle or contents insurance?

If yes then you will also likely have public liability insurance, so talk to your insurance company about your next step....

Kiwifruta

1423 posts

Uber Geek

ID Verified

#1483515 2-Feb-2016 13:16

Since the cyclist was doing something illegal, I suggest you contact his insurance company and tell them he was biking in a bus only area, ran red light etc.

MikeAqua

7769 posts

Uber Geek

#1483528 2-Feb-2016 13:34

Thanks folks.

Yes I do have contents but personal liability excludes anything traffic/vehicle related (words to that effect).

I don't have the hide of a Rhino but my suitcase does and it took the brunt of the impact :)

It doesn't take much to break lightweight composites. I also weigh 120kg so more than bike and rider combined.

I have screen grabs off google maps and WCC websites showing intersection layout and describing this street as bus only, and closed to cyclists during the day. The street is Manners St in Welly near Willis St. It closed to cyclists 6am - 7pm on weekdays, which this was. Cyclist crossed Willis St downhill from Boulcott against a red light

Mike

surfisup1000

5288 posts

Uber Geek

#1483533 2-Feb-2016 13:39

Sadly I'd say you're at fault mostly.

You walked out in front of him....regardless of the rights and wrongs of whether he should have been there, you should check any road is clear before crossing ... especially so if there is a red cross signal . eg, if it were a car instead of a bike, you cannot just walk out in front of it because it is supposed to be a bus only lane.

However, the way you describe this idiot cyclists behaviour makes me think he would not have stopped even if the cross signal was green.

tripp

3848 posts

Uber Geek

Trusted

Lifetime subscriber

#1483540 2-Feb-2016 13:47

If the cyclist was doing something illegal (riding in a bus only street) then I would be pointing this out to them. His insurance company should have declined his application on that fact.

mattwnz

20045 posts

Uber Geek

#1483564 2-Feb-2016 14:07

IANAL. But does a pedestrian need to follow the pedestrian lights though legally? I mean is it illegal to cross the road when the pedestrian light is red? You don't need to know the road code to be a pedestrian, like you do if you are a cyclist. I would check the law on this. I imagine it would be illegal to go through a red light as a road user, but not sure about pedestrians. I mean can a pedestrian be fined for crossing the road when the light is red, because I see it every day. I wonder if the guy told his insurer that he apologized to you when making the claim? This is why insurers say you should never admit fault or apologise. I would go to the CAB for legal advise.

bairdo

16 posts

Geek

#1483583 2-Feb-2016 14:45

mattwnz:

IANAL. But does a pedestrian need to follow the pedestrian lights though legally? I mean is it illegal to cross the road when the pedestrian light is red? ...

From "Land Transport (Road User) Rule 2004"

3.5Traffic signals in form of standing or walking human figure

(1)While a special signal for pedestrians indicates a flashing or steady red standing human figure symbol, pedestrians, riders of mobility devices, and riders of wheeled recreational devices who are using the footpath and facing the signal must not enter the roadway

Mark

1653 posts

Uber Geek

#1483584 2-Feb-2016 14:46

mattwnz:

IANAL. But does a pedestrian need to follow the pedestrian lights though legally? I mean is it illegal to cross the road when the pedestrian light is red? You don't need to know the road code to be a pedestrian, like you do if you are a cyclist. I would check the law on this. I imagine it would be illegal to go through a red light as a road user, but not sure about pedestrians. I mean can a pedestrian be fined for crossing the road when the light is red, because I see it every day. I wonder if the guy told his insurer that he apologized to you when making the claim? This is why insurers say you should never admit fault or apologise. I would go to the CAB for legal advise.

I'd say yes it would be illegal :

https://www.nzta.govt.nz/walking-cycling-and-public-transport/walking/

Read the section that says :

When using a pedestrian crossing

Use official crossings where possible – in fact, if you’re within 20 metres of a pedestrian crossing, the law requires you to use it.

But there is always "Stop, Look, Listen" to remember as well before you step out into traffic :-)

wellygary

8218 posts

Uber Geek

#1483585 2-Feb-2016 14:49

MikeAqua:

Thanks folks.

Yes I do have contents but personal liability excludes anything traffic/vehicle related (words to that effect).

You were walking,

it's worded that way to stop people using it as a cheap form of third party motor vehicle insurance, I would call your insurance company and tell them what happened....

1 | 2 | 3 | 4 | 5