Cougar377
The ‘facts’ you have presented have been examined and raise more questions than answers and as such cannot be relied upon.
You state the surface was ‘gravel and level gradient’.
You have also stated that the cyclist was going at 25 mph although have been unable to supply any evidence to support this.
Professional cyclists at the top level would expect to maintain 25/30 mph on smooth flat tarmac when ‘going for it’ with the assistance of a peloton To share the workload. I put it to you that it is unlikely in the extreme that the cyclist was travelling at 25mph has you claim.
However, let’s assume that the cyclist was travelling at 25mph, ridiculous as that is. You have stated that you made observation of him at 100 yards and 30:yards.At 100 yards That would have given you around 8 seconds to do what a reasonable person would do ie leave space for him to pass. Let’s be realistic and recalculate that on 14mph, that being the high side of the likely speed on a level gravel surface - that would have given you 15 seconds to react.
I put it to you that the ‘facts’ as you express them are wildly off the mark.
Whole it is customary for cyclists to give way to pedestrians do you think it reasonable to deliberately have six people abreast on the track knowingly leaving the cyclist no room to pass on his left as is customary? Is it reasonable to deliberately barge him into the bushes? Is it realistic that if the cyclist was doing 25mph as you claim that you would not have been injured while carrying this out? That is a significant impact speed by any standards.
There is no question that pedestrians have right of way over cyclists.
“All legitimate users have an equal right to use a right of way but, on mixed-use paths, the following rules apply:
Do you feel that your chosen course of action complied with the final sentence of the above rules? I put it to you that you did not, you took actions that were not sensible and certainly did not have due regard for others. I put it to you that these actions were fuelled by an ingrained hate of cyclists.
As such I find in favour of the cyclist and award him £1.5m in damages.
The ‘facts’ you have presented have been examined and raise more questions than answers and as such cannot be relied upon.
You state the surface was ‘gravel and level gradient’.
You have also stated that the cyclist was going at 25 mph although have been unable to supply any evidence to support this.
Professional cyclists at the top level would expect to maintain 25/30 mph on smooth flat tarmac when ‘going for it’ with the assistance of a peloton To share the workload. I put it to you that it is unlikely in the extreme that the cyclist was travelling at 25mph has you claim.
However, let’s assume that the cyclist was travelling at 25mph, ridiculous as that is. You have stated that you made observation of him at 100 yards and 30:yards.At 100 yards That would have given you around 8 seconds to do what a reasonable person would do ie leave space for him to pass. Let’s be realistic and recalculate that on 14mph, that being the high side of the likely speed on a level gravel surface - that would have given you 15 seconds to react.
I put it to you that the ‘facts’ as you express them are wildly off the mark.
Whole it is customary for cyclists to give way to pedestrians do you think it reasonable to deliberately have six people abreast on the track knowingly leaving the cyclist no room to pass on his left as is customary? Is it reasonable to deliberately barge him into the bushes? Is it realistic that if the cyclist was doing 25mph as you claim that you would not have been injured while carrying this out? That is a significant impact speed by any standards.
There is no question that pedestrians have right of way over cyclists.
“All legitimate users have an equal right to use a right of way but, on mixed-use paths, the following rules apply:
- horses give way to pedestrians
- cycles give way to both horses and pedestrians
Do you feel that your chosen course of action complied with the final sentence of the above rules? I put it to you that you did not, you took actions that were not sensible and certainly did not have due regard for others. I put it to you that these actions were fuelled by an ingrained hate of cyclists.
As such I find in favour of the cyclist and award him £1.5m in damages.
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