Tuesday, December 10, 2013

Cycling Public Liability Negligence "All cyclists need to hold public liability insurance cover if they ride regularly" www.muggaccinos.com Negligence Cycling Participation Policy Victoria's Cycling Strategy






I argue that the “Victorian Government Department of Transport, Planning and Local Infrastructure


"has a duty of care to ensure that reasonable action is taken to minimise the risk of harm to anyone who is reasonably likely to be affected by the department's activities.”


I argue that the Victorian Government Department of Transport, Planning and Local Infrastructure

“may be found to be negligent where a failure to take reasonable care results in some injury or loss.”




"Beach Road riders should also be aware of the negative consequences for their insurance 

should they be involved in any unfortunate and indefensible incidents."



Bicycle Victoria as previously stated on their website





"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.”
http://www.muggaccinos.com/Liability/BrakeCalcs/MyStuff/AllCyclistsNeedPublicLiabilityInsurance.htm

http://petedoweroadsafetyadvocate.blogspot.com.au/2013/04/pedestrian-hit-by-speeding-cyclist.html

“All cyclists need to hold public liability insurance cover if they ride regularly because the same laws of negligence exist upon those of a negligent motorist and CTP Green Slip coverage does not extend to when riding a bicycle
Fortunately the CTP Green Slip provides a pool of funds to cover personal injury losses by an innocent third party due to negligence by another motorist.  However, there is no CTP Green Slip cover that a negligent cyclist may rely on to pay losses incurred by an injured third party due to the cyclist's negligence. 
A negligent cyclist could have material damages/costs awarded against him or her, following a civil action by an innocent third party(ies) that the negligent cyclist injured.   A negligent cyclist may subrogate their liability to their insurer should the negligent cyclist hold public liability cover, as public liability is negligence based, meaning the reason a cyclist would hold public liability insurance would be to cover against their negligence injuring a third party.  However, the 'denial clauses' in the public liability policy will invariably enable the insurer to denial liability to the insured, should the insured break a law in the action of injuring a third party. 
Because CTP Green Slip does not cover negligence whilst riding a bicycle, there is a vital need for -
(i)         a cyclist to hold third party insurance cover if he/she cycles regularly, and
(ii)        ride organisers to warn ride participants to hold third party insurance, as required under the Civil Liabilities Acts 2002
[The Civil Liabilities Acts 2002 do not require ride organisers to establish that ride participants actually hold third party insurance, merely to warn ride participants to hold third party insurance.]
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.”

http://www.muggaccinos.com/Liability/BrakeCalcs/MyStuff/RegulateBunchRiding.htm

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

·         November 22, 2011 5:29PM
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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.
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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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