Biker wins £184,000 from jaywalker

**Bob** · 6th December 2005, 01:14

A motorcyclist has won £184,000 damages from the pedestrian that walked out in front of her. Amy Ratter was knocked unconscious when Margaret Halcrow stepped out in front of her bike. Miss Ratter also suffered a serious arm injury and will never be able to work as a joiner again.

At the court case Judge Lord Hardie ruled that Miss Halcrow, 60, had been at fault for the accident. He said there was no evidence to blame Miss Ratter for the 60mph collision. Lord Hardie added: "She impressed me as a credible and reliable witness, not prone to exaggeration."

**Highlander** · 6th December 2005, 01:56

I thought that only happened in America.

**jrandom** · 6th December 2005, 08:01

Originally Posted by Highlander

I thought that only happened in America.

Welcome to Britain, the 51st state of the Union.

My prediction? In a few decades time, the UK will declare its independence after the population objects to taxation without representation in Washington. An unpleasant little war will follow, culminating in the Americans shrugging and going home, with the thought that a little out-of-the-way island like that could never amount to anything, anyway.

**Bob** · 6th December 2005, 10:41

Originally Posted by Fish

Welcome to Britain, the 51st state of the Union.

My prediction? In a few decades time, the UK will declare its independence after the population objects to taxation without representation in Washington. An unpleasant little war will follow, culminating in the Americans shrugging and going home, with the thought that a little out-of-the-way island like that could never amount to anything, anyway.

Maybe we could throw some coffee in The Serpentine as an act of rebellion?

**vifferman** · 6th December 2005, 10:46

Damn!

Maybe I should've sued the pedestrian that walked out in front of me! All I got was a whole bunch of new bike parts, paint, and decals, and a new pair of pants.

All she got was a week's holiday in hospital, a redesigned leg (with two trendy new fractures), and a large insurance bill, coincidentally around the same as the cost of my repairs.

**Yokai** · 6th December 2005, 12:07

Originally Posted by Fish

Welcome to Britain, the 51st state of the Union.

Hmmm - here's the skinny on that sort of stuff:

1 - The pedestrian will have been in court as part of a suit between the insurers
2 - There's a book that tells you how much you get for damaging body parts - loss of use of arm x pounds,
3 - There will have been a loss of livelihood assessment (earnings lost as a direct consequence) y pounds etc...
4 - There will have been an "actual loss" assessment too (damage to the bike, helmet, protective gear etc)
5 - The whole thing will have taken well over 6 months to even GET to a court (the Wolfe reforms take care of that)...

at no point will punitive damages have been awarded

All in all - if that's what she got - that's what she deserved... If a pedestrian steps out in front of me and breaks me - I only hope that I get that sorted...

**jrandom** · 6th December 2005, 12:12

Originally Posted by Yokai

2 - There's a book that tells you how much you get for damaging body parts - loss of use of arm x pounds...

Cool! Just like pirates. Arrrrr.

Of course, pirates still aren't as cool as ninjas.

**HenryDorsetCase** · 6th December 2005, 16:39

Originally Posted by Highlander

I thought that only happened in America.

personal injury lawsuits were invented in britain.

**Squiggles** · 6th December 2005, 17:06

why does this not surprise me?

**Yokai** · 6th December 2005, 17:52

Originally Posted by HenryDorsetCase

personal injury lawsuits were invented in britain.

Hmmmm - not true. Modern tort is a french concept and there is a long history of the "Common Law of Torts"... Way back before William, there is a written history of torts in France. But even as a citizen in Rome and Athens one had the right to seek reparations from someone in front of lower elected officials (tribunes - hence tribunal)

Personal Injury Lawsuits are a legitimate and correct way of claiming reparations against those that have aggrieved you - what we really have a problem with is the "no win, no fee" system which drives the two sides to conflict where arbitration would be better. It is this, coupled with the time and cost of those suits for the sued, that causes people to launch spurious lawsuits. These lawsuits are often used just to gain a settlement.

The Woolf reforms remove this in the UK as a full 6month process must be gone through, backed up with evidence. This is something that would have been imposed on NZ Law too with the Privy Council, but since that is gone, the NWNF possibility is now sitting over our heads.

Anyways - I'm sure one or other of our properly qualified lawyers will nicely correct where I've gone wrong...

**scracha** · 8th December 2005, 08:07

http://news.scotsman.com/scotland.cfm?id=2343112005

There are no such things as jaywalkers in the UK.

**Bob** · 8th December 2005, 21:21

Originally Posted by scracha

http://news.scotsman.com/scotland.cfm?id=2343112005

There are no such things as jaywalkers in the UK.

Generic term, innit? I wanted to keep the title short and sweet, so I used jaywalker, which everyone knows. Jounalistic licence and all that...

I think my headline is better (and fairer) than the one The Scotsman used - which is yet another anti-biker/biking title and makes it sound like the biker was to blame. Which the court proved she wasn't.

(Btw, I didn't find this in The Scotsman, but just goes to show news gets around)

**Beemer** · 15th December 2005, 13:51

And on the other side of the coin, my uncle was crossing at traffic lights near his home in Twickenham in August 1993 when he was knocked down by an off-duty police officer on a motorcycle. The guy had been on the inside of a row of cars when the light went orange (you are allowed to go on orange in the UK IF the way is clear) and he took off. Unfortunately, my uncle was about 10ft from the footpath when this guy hit him - he'd been due to go into hospital for an operation on his leg a week or so later. His injuries were so serious he was flown to the Royal London Hospital by helicopter. He suffered head injuries and one of his legs was so badly injured it had to be amputated at the knee. My uncle was in his late 70s when this happened and he was not expected to live. Amazingly, he pulled through but was not released from hospital until the following February. He lived in an apartment on the first floor with no lift, so he had to sell it as he was unable to get around. Until the accident he'd led a full and active life and he hated being in a wheelchair and dependent on other people. He ended up in the Star and Garter rest home in Richmond, where he died in 2002.

That was bad enough, but the prick on the bike tried SUING him! Luckily the case was thrown out, but when you consider all that my uncle lost, the guy had a bloody cheek. And in case you are wondering, I understand the motorcyclist was uninjured in the accident.

**scracha** · 4th January 2006, 07:19

Originally Posted by Beemer

(you are allowed to go on orange in the UK IF the way is clear) and he took off.

No you're not. Plus the light sequence in the UK goes from Red to Red + Amber.

**Beemer** · 4th January 2006, 20:59

Originally Posted by scracha

No you're not. Plus the light sequence in the UK goes from Red to Red + Amber.

Must have changed things slightly, when I was there they went from red to orange and then to green. The law was if the way was clear when it went from red to orange, you could go.