Saturday, April 6, 2013

Pedestrian Hit by Speeding Cyclist Serious Injury Awarded $542 Thousand Dollars Damages Bathurst NSW Daily Telegraph

"Witness Stephen Aldrick said the pedestrian was "collected in the back" 

and carried six or seven metres forward."

"Damages/costs could be millions of dollars if a negligent cyclist caused a third party 

to suffer injuries which negated the injured third party to earn his/her current income, 

particularly if the injured third party had a dependant family, mortgage etc."

Bathurst pedestrian Mark James awarded $541,990 in damages for injuries sustained when hit by cyclist Gavin Whiteman



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A PEDESTRIAN who was seriously injured when hit by a cyclist after the Bathurst 1000 motor race has been awarded more than half a million dollars in damages.
One witness estimated the cyclist, Gavin Whiteman, was travelling at 70km/h down a steep hill when he hit Mark James in October 2009.
In the NSW District Court today, Justice Michael Elkaim found Whiteman's negligence was the cause of the injury which robbed Mr James, 49, of his livelihood as an abattoir worker.
He ordered Mr Whiteman to pay $541,990 in damages as well as legal costs.
Mr James reported hearing "howling and screaming" before he was hit from behind by a cyclist in October 2009 while holidaying inBathurst with his family.
He had been walking around the perimeter of the racetrack about 7pm, along with many hundreds of other spectators, after the day's events.
His next clear memory is of waking up in Bathurst hospital.
Witness Stephen Aldrick said the pedestrian was "collected in the back" and carried six or seven metres forward.
He estimated the speed of the cyclist at 70km/h and said the rider didn't have any lights on.
Mr Whiteman, whose memory of the event was affected because he came off his bike, estimated one of his two fellow riders was travelling at 20 to 30km/h.
The judge accepted neither estimate but said "even at the defendant's estimate of 20 to 30km/h the speed was too high".
He said the likely speed of the bike was "well above the defendant's guess".
In addition to a shoulder injury, Mr James sustained a head injury, a broken nose, an injury to his foot and bruises.
A rehabilitation specialist identified a mild traumatic brain injury.
He has been unable to continue his job at an abattoir and also had to give up casual work as a shearer.
In delivering his findings, the judge said Mr James was a hard-working man whose life revolved around his family and the job which had effectively been taken away from him.

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