Thursday, March 12, 2015

Cycling & Walking Shared Paths Pedestrian Seriously Injured Brain Injuries Cyclist refuses to be Identified Pedestrian takes Ambulance Victoria to court to get name of cyclist who knocked him over in Royal Park Herald Sun March 9th 2015 Duty of Care Negligence Cycling Participation Public Liability Civil Liability Cyclists' Identification Reliable Photo ID Rule of Law Equality Pedestrian Safety Community Safety




“You can’t expect not to be subject to the law
if you want to be treated equally”
 
Klaus Mueller, (former) President, CycleSport Victoria

(Road law-breakers risk going to jail)
Mordialloc Chelsea Leader May 18th 2009


“It’s only fair that all vehicle users are treated equally”
 
Gary Brennan, Bicycle Victoria

(Road law-breakers risk going to jail)
Mordialloc Chelsea Leader May 18th 2009


“I do have enforcement concerns in relation to identifying offending cyclists”
 
 Pete Dowe, Road Safety Advocate

(Road law-breakers risk going to jail)
Mordialloc Chelsea Leader May 18th 2009





Ambulance Victoria legal representatives later phoned Mr Williams’ lawyers saying the cyclist had “said no” to his identity being revealed.


Pedestrian takes Ambulance Victoria to court to get name of cyclist who knocked him over in Royal Park


AN injured pedestrian has launched a legal battle to uncover the identity of a mystery cyclist who allegedly mowed him down.
Peter Williams suffered brain injuries among other trauma after a nasty collision in which he was allegedly struck by a bicycle rider while walking in Royal Park, in Melbourne’s inner north.
Mr Williams was walking along the Capital City Trail with his partner, Natalie Bate, when the crash happened in April 2013.
Two ambulances attended, treating both Mr Williams and the cyclist at the scene before the pair was sent to the Royal Melbourne Hospital.
But in an attempt to find the man who hit him, Mr Williams has been road-blocked by ­Ambulance Victoria amid claims it is not allowed to disclose the cyclist’s identity.
Lawyers for Mr Williams claimed in a County Court writ Ms Bate was unable to collect the cyclist’s details at the time.
A spokesman for Ambulance Victoria said it had a statutory and professional obligation to keep patient health records confidential.
“We cannot release any personal information about any patients without that person’s permission or a legal order,” the spokesman said in a statement.
“We acknowledge that this is a difficult situation for all people involved.”
The drama has escalated to a legal dispute following multiple unsuccessful ­attempts to unmask the other man involved in the accident.
Legal documents claim Maurice Blackburn senior law clerk Mariese Bytschkow ­accessed Mr Williams’ patient care records from Ambulance Victoria through Freedom of Information laws.
But after twice requesting the cyclist’s records in June last year through letters and phone conversations to identify a ­defendant for impending legal proceedings, Ambulance Victoria allegedly refused to provide the documentation without a court order.
Ambulance Victoria legal representatives later phoned Mr Williams’ lawyers saying the cyclist had “said no” to his identity being revealed.
Maurice Blackburn lawyer Dimi Ioannou declined to comment on her client’s ­behalf.
angus.thompson@news.com.au



http://www.heraldsun.com.au/news/law-order/pedestrian-takes-ambulance-victoria-to-court-to-get-name-of-cyclist-who-knocked-him-over-in-royal-park/story-fni0fee2-1227253794737?sv=f5bdee80a31f6750a29ae458f91cb7cd&utm_source=Herald%20Sun&utm_medium=email&utm_campaign=editorial

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