Commuting by bicycle - Let's be careful out there!

When cycling around the city, I keep in mind that phrase that was perfectly put by Sergeant Phil Esterhaus from one of my favourite cop shows, Hill Street Blues, "Let's be careful out there!"

Commuter cyclists on Blackfriars Bridge

As someone who regularly cycles around London I am always vigilant about all other road users - just motorists, black cabs, Uber drivers, delivery vans, and of course trucks turning left. The most problematic for me though, are pedestrians - and even more so now with more and more people looking down at their phones instead of watching the road ahead of them.

These "smombies", or smartphone zombies, give cyclists even more reason to be vigilant when cycling in busy urban areas like central London. In fact a recent court ruling, much to the shock of cyclists has shown how we are even more vulnerable on the road, both physically as well as legally.

One day in July 2015, while Robert Hazeldean was riding his bike near London Bridge a pedestrian, Gemma Brushett stepped out into the road while looking at her smart phone. She had not paid any attention to what was going on around her and assumed she had right of way. She didn't, as the traffic lights were green.

Hazeldean sounded the loud air horn that was on his road bike and shouted to warn her he was approaching, at around 15 miles per hour. He swerved to try to avoid her, but at the same time Brushett looked up, and startled to see the cyclist so close to her, ran back towards the traffic island - also in the same direction that the cyclist swerved. Consequently Hazeldean knocked her down, leaving both parties unconscious, and needing hospital treatment.

Sadly, for Hazeldean that was just the beginning of his woes as Brushett sued the cyclist for injuries caused (cuts to her face, cracked teeth, and mental amnesia). The ruling has only just been made, and the case ruled that the cyclist was liable for damages.

Although the judge, Shanti Mauger, recognised that the pedestrian had not been paying attention because Brushett was looking at her phone she still ruled that there was a 50:50 blame for the accident because, in her words "cyclists should be prepared at all times for people to behave in unexpected ways". For that reason the cyclist was ordered to pay 50% of the damages and Brushett's legal bills.

This still represents up to £105,000 - over £4,000 in damages and up to £100,000 in legal fees. Hazeldean risks being left bankrupt. In addition, the case has taken its toll on the mental health of the landscape designer who has since started a new life in the South of France.

A friend of Brushett's launched an on-line crowdfunding appeal, and thanks to the generosity of the public and numerous sympathisers, £46,000 was raised in order to help him pay the legal costs.

This case sets a worrying precedent for cyclists. Effectively, people can walk down the road, taking no responsibility for their own safety, paying no attention to what is happening around them, and if they are hit by a cyclist, the latter could find themselves in hot water legally despite having taken reasonable precautionary steps like having a bell and abiding by the road traffic rules. A poll by The Sun newspaper found that more than three-quarters of the readers who voted believed that the pedestrian was to blame.

Three-quarters of respondents do not agree with the judge's ruling

One other point that this case highlights is the need for cyclists to take out third party insurance. As someone who has been a member of different cycling clubs for over 20 years, I have always had third party insurance through British Cycling (insurance from other cycling organisations like Cycling UK and London Cycling Campaign are also available). Cycling clubs generally make it a condition of joining, that cyclists have insurance, and people can explain why it is necessary.

However, ordinary cycle commuters and  leisure bike riders may not be aware of this, so are inadvertently exposing themselves to potential problems. If Hazeldean had had third party insurance the case would have cost him £6,000 and he could have had legal support to make a counter claim. Things could have been less stressful in the process.


What the public say:








Cyclists - be careful out there!


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This is an artist's impression of a junction I pass through on my cycle ride to work. It is Kennington Oval. Note Kennington Park is on the right and part of the city is in the distance with the Shard London Bridge just about in view. This is just an artist's impression so there are a few inaccuracies, for instance the Shard should be the tallest building in the photo! Also, you wouldn't ever see that section of road so empty during the day!

One thing that is correct though is the green and blue cycle path on the left-hand side of the picture. This path is in place, though I must say I haven't paid attention to the colour! In fact, when cycling from Brixton towards the city the cycle path starts further back than is shown in this drawing. At the busier section of the junction the path goes up onto a kerb and riders are separated from motorised traffic. It was quite a pleasant surprise to see this on the first day this new road layout was opened. The path then cuts across traffic where cyclists have right of way, and then they turn right to join this dual coloured cycle lane. I take the left-hand branch of the lane to head towards Lambeth North and Waterloo, while alot of other cyclists take the right-hand lane to go towards Elephant & Castle.

I think this is a good system. The only thing is the traffic lights (which are specifically for cyclists) at the end are a bit confusing. The way you approach it you see the Elephant & Castle lights first, which are green but in fact the ones I need to follow are other lights which don't come into view until when I am much nearer to the junction, and at that time, they are red! So it is easy to make a mistake and end up accidentally overshooting the lights - or in the vice versa scenario, stopping when it is not necessary!

 Also, right now this is the only section that is ready for cyclists. Once you round the corner you are faced with another mess of roadworks and you are back to squeezing past buses and cars. The same applies for the lane next to Kennington Park as you travel from London homewards. Currently various parts of central London are a mish-mash of roadworks as workers install the improved Cycle Superhighway. It's a bit of a pain for cyclists and motorists alike, but I live in the hope that once they are all fully in place cycling around London will be alot more pleasurable, and safer.