Well, of course they should, but if someone suddenly steps into the road totally oblivious to what's coming towards them, how is a cyclist meant to prepare for that?
Should he (or she) swerve into the middle of the road in case a pedestrian does something stupid? Should he scrutinise all pedestrians for possible reckless intentions? Should he ring his bell at two-second intervals to warn the local birdbrains?
That would be ridiculous. A cyclist has to assume pedestrians will stay on the pavement unless it's safe to cross the road. If they're not even looking at the road, how is the cyclist to blame?
I was involved in a similar accident in the early nineties. I was approaching a zebra crossing, didn't see anyone about to cross, but then as I drove over the crossing I knocked a woman down. I couldn't understand how she suddenly came to be on the zebra crossing.
Naturally I stopped, apologised profusely and asked if she was hurt. She was unable to answer and I could only assume she was too shocked to speak or was under the influence of alcohol or medication, and therefore too befuddled to notice the oncoming car. In any case there was no visible injury.
I didn't think I was in any way to blame, as I looked carefully at the zebra crossing while approaching it, and didn't see anyone about to cross. But this particular judge might have thought otherwise as "motorists must be prepared at all times for people to behave in unexpected ways."
Do you think the judge was right? Or wrong?
PS (later on Friday) The cyclist has been ordered to pay around £100,000 in compensation and costs, which he says will leave him bankrupt. The woman has been awarded £4,161.79 in damages. So in financial terms the cyclist is seen as around 25 times more guilty than the woman.
PPS (Saturday) A friend of the cyclist has set up a GoFundMe page to help him pay the legal bill. She has so far raised over £50,000. He may need less than first thought, as the £100,000 was the sum asked for by the pedestrian, while the judge indicated that £10,000 would be more appropriate (the exact sum will be decided at a final hearing later).
