A CYCLIST who crashed into a yoga teacher after she stepped into the road while staring at her phone has today been ordered to pay up to £100,000 in compensation and court costs.

Gemma Brushett, 28, was knocked unconscious after she was hit by Robert Hazeldean on a busy crossing as he rode home through central London in 2015.

Yoga teacher Gemma Brushett has been awarded damages after being hit by cyclist Robert Hazeldean while she was on the phone Credit: Champion News Service Ltd

Robert Hazeldean must now pay compensation and court costs Credit: Champion News Service Ltd

Ms Brushett sued the keen biker and was awarded a payout, despite Judge Shanti Mauger finding that she was equally to blame for the accident, and could have been sued herself by the cyclist.

At Central London County Court today, Judge Mauger awarded her £4,161.79 in damages after saying the 8mm scar she suffered to her lip did not wreck her "very attractive" appearance.

The judge also ordered Mr Hazeldean to pay her legal bills, thought to be in the region of £100k, because he was not insured at the time of the crash.

The landscape designer, who has since moved to Côte d’Azur in France to start a new life, said he was "deeply disappointed" by the decision and could be left "bankrupt".

He said: “Today finally brings to a close four years that have taken a great toll on my mental health.

“I am of course deeply disappointed with the outcome, reeling from the impact it will have on my life, and concerned by the precedent that it might set for other cyclists.

“I am more grateful than I can say for the support of my wonderful girlfriend and my friends and family. I would not have got through this without them."

'CLAIM CULTURE'

He also blasted the “claim culture” as he called for reform of the legal system.

Lawyers acting on his behalf revealed that because he was uninsured, Ms Brushett has sought almost £100,000 in costs.

He added: “The case has cast a shadow over our new life in France and left our future uncertain.

“Covering the costs and the compensation is going to leave me bankrupt.

“I can only hope that the focus on this case highlights the vulnerability of cyclists, both physically and against the courts and that it might help reform a legal system that appears to leave certain road users disproportionately exposed.

“Had I had legal representation at the time of preparing my defence, I would have taken those steps to protect myself.

“I would urge other cyclists to take out insurance through British Cycling to help protect them from experiencing what I’ve gone through.”

MOMENT OF IMPACT

The court heard that Ms Brushett, who works for a finance firm in the City as well as running yoga retreats, was one of a "throng" of people trying to cross the road at the start of rush hour when the accident occurred.

She was looking at her mobile phone when crossing the road from east to west and only noticed Mr Hazeldean approaching at the last moment.

She "panicked" and tried to dodge back to a traffic island, but the cyclist, who had been travelling at between 10-15mph, swerved in the same direction and hit her.

Do cyclists need insurance? UNLIKE drivers, cyclists do not need insurance to be on the road. A few take out an insurance policy in case they are involved in a collision, but if they end up running into someone it can prove costly. If a cyclist hits a pedestrian who was not looking where they were going, a judge will often rule both are equally to blame - meaning they are liable to pay their own extortionate legal costs. The rider may also have to pay out compensation to the pedestrian, which can add thousands of pounds on to their bill. If a cyclist is insured, they are protected from monster legal bills by the insurance company if someone claims they are at fault in a crash.

Mr Hazeldean had come through a green traffic light, and had sounded a loud airhorn attached to his Specialized roadbike, as well as shouting, swerving and braking in a bid to avoid the pedestrian.

Both Ms Brushett and Mr Hazeldean were knocked out by the impact, with Ms Brushett suffering cuts, cracked teeth and post-traumatic amnesia.

Judge Mauger said Mr Hazeldean was “a calm and reasonable road user.”

But ruled he was liable to pay damages as "cyclists must be prepared at all times for people to behave in unexpected ways."

Although Ms Brushett was "was looking at her phone" when she walked into the road in front of him, Mr Hazeldean knew the road was not entirely clear when he tried to ride through.

Cycling - the law UP to 130 people were seriously injured in accidents involving cyclists last year and four were killed on Britain's roads. And more than ten pedestrians suffer life threatening injuries every month when they are hit by people on bicycles. As a result, the government is looking at ways to make the roads safer for pedestrians and are urgently reviewing whether new laws should be brought in to cover dangerous cycling. The current Victorian legislation was originally used deal with reckless handling of horses but there is no cycling equivalent to the offence of causing death by dangerous driving. Cycling without due care and attention or reasonable consideration for other road users carries a £1,000 maximum fine, while dangerous cycling could land someone with a £2,500 fine. But causing injury by cycling furiously has a two year maximum sentence and falls under the legislation from 1861. Pedestrians have a duty to take care of their own safety and in civil law, but even if they step onto a road without looking first and into the path of an oncoming car, the pedestrian may still consider a claim for compensation against the driver. A driver can claim compensation from the pedestrian in respect of vehicle damage or other injury or losses the driver suffers but they rarely win.

Emma Farrell, head of the Personal Injury team at Levi Solicitors, said Mr Hazeldean's costs would have been limited to £6,000 if he had been insured.

She explained: “If he had come to us sooner, we would have advised him to enter a counterclaim given that he has been left with permanent scarring, both physically and mentally.

“He would then have had protection under the law against a large costs order.”

A spokesman for the company added: “We believe that the law in this area urgently needs reforming.”

Close friend Brittany Maher-Kirk has now set up a GoFundMe in order to help Mr Hazeldean pay his legal bill.

On Twitter, she said: “The courts have not only failed Robert today but have set a dangerous precedent for cyclists across the country."

The case is the latest to throw up issues of cyclists on the roads, with cyclist Charlie Alliston, 20, jailed for 18 months for knocking over and killing a woman as he sped through east London.

Kim Briggs, 44, was crossing the street when she was struck by Alliston's bike, which didn't have any brakes, with her husband now calling for a "radical change" in cycling culture.

Roger Geffen, Cycling UK policy director, also expressed fears for cyclists amid a "claim culture".

He said: “It’s worth remembering that serious injuries to pedestrians from collisions involving cyclists are rare, and that the cyclist can also be seriously injured when they happen too.

“From media reports, it seems odd that the judge attributed responsibility on a 50/50 basis given their own reported comments on the case.

"However this case highlights why Cycling UK gives all our members third party insurance, and recommends regular cyclists taken out similar policies to protect them from this sort of situation.”

Gemma had tried stepping back on a traffic island as Hazeldean sped towards her Credit: unknown. Image supplied by Champion News Service Ltd strictly on the basis of a research/i

She suffered a minor head injury in the crash Credit: unknown. Image supplied by Champion News Service Ltd strictly on the basis of a research/i

Judge Shanti Mauger ruled in her favour Credit: Access Project

Cyclist's collision with pedestrian sparks new debate