|
|
Thread Tools | Display Modes |
#1
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
And can anyone seriously argue that such an outcome is unjust? Incidentally,
it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. http://www.bailii.org/ew/cases/EWCA/Civ/2010/725.html On 24th September 2005 in the early afternoon Joshua Smith, then aged 13, was delivering newspapers to houses in Cheadle Road, Tean, a relatively quiet single carriageway road in a lightly built-up area subject to a 30 mph speed restriction. Joshua was employed as a paper boy by the local branch of the Co-op and was riding a bicycle his parents had given him the previous Christmas. [snip] At about 2.10 pm that afternoon Joshua was leaving the driveway of No.77 intending to make his way across the road to continue his round. Without looking, he cycled out across the road straight into the path of a DAF flat-bed lorry driven by the appellant, Mark Hammond. Mr. Hammond braked hard and swerved sharply, but failed to avoid a collision and Joshua was very severely injured as a result. The incident also had a severe effect on Mr. Hammond, who has suffered from post-traumatic stress disorder as a result. |
Ads |
#2
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
On Jun 28, 2:56*pm, "The Todal" wrote:
And can anyone seriously argue that such an outcome is unjust? Incidentally, it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. http://www.bailii.org/ew/cases/EWCA/Civ/2010/725.html On 24th September 2005 in the early afternoon Joshua Smith, then aged 13, was delivering newspapers to houses in Cheadle Road, Tean, a relatively quiet single carriageway road in a lightly built-up area subject to a 30 mph speed restriction. Joshua was employed as a paper boy by the local branch of the Co-op and was riding a bicycle his parents had given him the previous Christmas. [snip] *At about 2.10 pm that afternoon Joshua was leaving the driveway of No.77 intending to make his way across the road to continue his round. Without looking, he cycled out across the road straight into the path of a DAF flat-bed lorry driven by the appellant, Mark Hammond. Mr. Hammond braked hard and swerved sharply, but failed to avoid a collision and Joshua was very severely injured as a result. The incident also had a severe effect on Mr. Hammond, who has suffered from post-traumatic stress disorder as a result. The amount of kids who do not look when crossing the road is staggering. Mind you they have been led to believe that if they are involved in an accident, they would be in line for a massive payout. I have personally seen kids just walk into the middle of the road without looking at what taffic is on the road. |
#3
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
On Jun 28, 2:56*pm, "The Todal" wrote:
And can anyone seriously argue that such an outcome is unjust? Incidentally, it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. http://www.bailii.org/ew/cases/EWCA/Civ/2010/725.html On 24th September 2005 in the early afternoon Joshua Smith, then aged 13, was delivering newspapers to houses in Cheadle Road, Tean, a relatively quiet single carriageway road in a lightly built-up area subject to a 30 mph speed restriction. Joshua was employed as a paper boy by the local branch of the Co-op and was riding a bicycle his parents had given him the previous Christmas. [snip] *At about 2.10 pm that afternoon Joshua was leaving the driveway of No.77 intending to make his way across the road to continue his round. Without looking, he cycled out across the road straight into the path of a DAF flat-bed lorry driven by the appellant, Mark Hammond. Mr. Hammond braked hard and swerved sharply, but failed to avoid a collision and Joshua was very severely injured as a result. The incident also had a severe effect on Mr. Hammond, who has suffered from post-traumatic stress disorder as a result. It's good to see that a cyclist was found to be at fault and civil damages were awarded to the unfortunate lorry driver who collided with him. It's just a shame that the young lad had to get severely injured to find out this lesson in life. If a cyclist is negligent and causes an accident as a result, he (or she) should be no less liable to prosecution and having to pay civil damages than a motorist, irrespective of who receives the most serious injuries. Derek C |
#4
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
Derek C wrote:
"The Todal" wrote: And can anyone seriously argue that such an outcome is unjust? Incidentally, it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. http://www.bailii.org/ew/cases/EWCA/Civ/2010/725.html On 24th September 2005 in the early afternoon Joshua Smith, then aged 13, was delivering newspapers to houses in Cheadle Road, Tean, a relatively quiet single carriageway road in a lightly built-up area subject to a 30 mph speed restriction. Joshua was employed as a paper boy by the local branch of the Co-op and was riding a bicycle his parents had given him the previous Christmas. [snip] At about 2.10 pm that afternoon Joshua was leaving the driveway of No.77 intending to make his way across the road to continue his round. Without looking, he cycled out across the road straight into the path of a DAF flat-bed lorry driven by the appellant, Mark Hammond. Mr. Hammond braked hard and swerved sharply, but failed to avoid a collision and Joshua was very severely injured as a result. The incident also had a severe effect on Mr. Hammond, who has suffered from post-traumatic stress disorder as a result. It's good to see that a cyclist was found to be at fault and civil damages were awarded to the unfortunate lorry driver who collided with him. It's just a shame that the young lad had to get severely injured to find out this lesson in life. If a cyclist is negligent and causes an accident as a result, he (or she) should be no less liable to prosecution and having to pay civil damages than a motorist, irrespective of who receives the most serious injuries. The question of the comparative severity of damage or injury has never been a proper legal issue. Even someone killed in a collision could still be at fault (and his insurance or estate liable to compensate others). This case should therefore come as no surprise, except for mild surprise at the fact that it was brought. |
#5
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
On 28 June, 15:03, the-sbray wrote:
I have personally seen kids just walk into the middle of the road without looking at what taffic is on the road. Sorry to say been there done that, at about aged 9, I walked out into the road and was mown down by my form master, luckily without major consequences. |
#6
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
On 28 June, 15:41, JNugent wrote:
Derek C wrote: "The Todal" wrote: And can anyone seriously argue that such an outcome is unjust? Incidentally, it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. http://www.bailii.org/ew/cases/EWCA/Civ/2010/725.html On 24th September 2005 in the early afternoon Joshua Smith, then aged 13, was delivering newspapers to houses in Cheadle Road, Tean, a relatively quiet single carriageway road in a lightly built-up area subject to a 30 mph speed restriction. Joshua was employed as a paper boy by the local branch of the Co-op and was riding a bicycle his parents had given him the previous Christmas. [snip] *At about 2.10 pm that afternoon Joshua was leaving the driveway of No.77 intending to make his way across the road to continue his round. Without looking, he cycled out across the road straight into the path of a DAF flat-bed lorry driven by the appellant, Mark Hammond. Mr. Hammond braked hard and swerved sharply, but failed to avoid a collision and Joshua was very severely injured as a result. The incident also had a severe effect on Mr. Hammond, who has suffered from post-traumatic stress disorder as a result. It's good to see that a cyclist was found to be at fault and civil damages were awarded to the unfortunate lorry driver who collided with him. It's just a shame that the young lad had to get severely injured to find out this lesson in life. If a cyclist is negligent and causes an accident as a result, he (or she) should be no less liable to prosecution and having to pay civil damages than a motorist, irrespective of who receives the most serious injuries. The question of the comparative severity of damage or injury has never been a proper legal issue. Even someone killed in a collision could still be at fault (and his insurance or estate liable to compensate others). This case should therefore come as no surprise, except for mild surprise at the fact that it was brought.- Hide quoted text - - Show quoted text - it's not unique, though. There was a story a few (3,4 ?) years back where a driver sued the parents of a child he'd run over (to my shame I can't recall if they were killed or not) for the damage to their car (and won). There was a **** storm at the time with words like "heartless", and "evil" bandied about. |
#7
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
The Todal wrote:
And can anyone seriously argue that such an outcome is unjust? Incidentally, it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. But we are constantly told this is impossible because he didn't have registration plates & wasn't insured! Tony |
#8
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
"Tony Raven" wrote in message ... The Todal wrote: And can anyone seriously argue that such an outcome is unjust? Incidentally, it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. But we are constantly told this is impossible because he didn't have registration plates & wasn't insured! But unlike most cyclists who disregard other road/pavement users and cause injury or damage, he wasn't able to ride off before anyone could get hold of him! |
#9
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
Tony Raven wrote:
The Todal wrote: And can anyone seriously argue that such an outcome is unjust? Incidentally, it is noted in the judgment that although the 13 year old was personally liable, his employers the Co-op had kindly agreed to pay any damages on his behalf and not seek reimbursement from the boy. But we are constantly told this is impossible because he didn't have registration plates & wasn't insured! Tony As an employee of the newsagent / distrubutior he was. -- --- zaax Frustration casues accidents: allow faster traffic to overtake. |
#10
|
|||
|
|||
13 year old cyclist liable to compensate lorry driver
On Mon, 28 Jun 2010 at 07:59:45, NM wrote in
uk.legal : On 28 June, 15:03, the-sbray wrote: I have personally seen kids just walk into the middle of the road without looking at what taffic is on the road. Sorry to say been there done that, at about aged 9, I walked out into the road and was mown down by my form master *Accidentally*, one hopes... , luckily without major consequences. -- Paul Hyett, Cheltenham |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Lorry driver - cyclist survey | Tom Crispin[_2_] | UK | 0 | January 17th 10 11:42 AM |
Lorry driver who killed cyclist walks free from court with 'ludicrous' £275 fine | [email protected] | UK | 102 | July 13th 08 11:36 PM |
Lorry driver on mobile kills cyclist, walks free from court. | spindrift | UK | 0 | April 8th 08 08:42 AM |
Hollywood bus driver attacks cyclist, LAPD handcuffs cyclist | Matt O'Toole | General | 13 | September 29th 07 07:50 PM |
8 year bike rider accident with truck- who's liable? | [email protected] | General | 74 | December 8th 06 03:48 AM |