Pedestrian Run Down By Cyclist

[LoudPipes]

A interesting article in today’s Sydney Morning Herald regarding compo for people hit by a cyclist.

Pedestrian Emily Greenwood run down by cyclist

Date: 11 January, 2015
Eryk Bagshaw
Journalist

It was the week before Christmas and Emily Greenwood had just finished a celebratory dinner with friends.

As the pedestrian light turned green on the corner of Addison and Enmore roads in Marrickville, Ms Greenwood took one step out onto the road.

Just as her foot hit the bitumen, a cyclist ran a red light and collided with her, leaving Ms Greenwood unconscious, fracturing her collarbone and knocking out several front teeth.

The 24-year-old nurse woke up hours later in hospital with stitches in her lip and swelling all over her body, along with the pain of an estimated $15,000 medical bill, mostly in dental fees.

A police spokeswoman said the offender, a 34-year-old student, was expected to be charged with negligent driving. Should he be found guilty he could face a fine of $67 as well as court costs.

While she is seeking legal advice, Ms Greenwood does not hold out much hope of compensation.

"I am struggling with mounting medical bills as it is," she said.

Like the vast majority of NSW cyclists, according to data from Bicycle NSW, the offender did not have third party or public liability insurance.

There nothing that protects us in this situation. I can't possibly understand why they aren't insured or registered," said Ms Greenwood.

Ms Greenwood's story is not unique.

In 2002, pedestrian Maria Galliano was run down by a cyclist as she walked on a shared path on the Iron Cove bridge.

Mrs Galliano suffered severe head and brain injuries as a result of the accident. The lack of compulsory third party insurance for cyclists meant that her family did not have a clear avenue of compensation. Ms Galliano required full time care for the rest of her life.

Ultimately, the only option for the family was to sue Leichardt Council and the RTA, who built the path. The matter was eventually settled out of court.

The city is grappling with ways to accommodate increasing numbers of people riding bicycles. On the Anzac Bridge alone, the number of cyclists has increased 57 per cent from 800 to over 1400 a day between 2008 and 2014, according to data from the RMS.

It is a similar tale across the CBD, with NSW Roads Minister Duncan Gay telling Parliament last November that cycling trips in the city had doubled between 2010 and 2012.

Pressure has been mounting on the NSW government to institute a cyclist registration and insurance scheme.

In 2013, Christine Forster, a City of Sydney councillor and Prime Minister Tony Abbott's sister, wrote to MrGay.

She proposed a one-off registration and third party insurance fee be paid at the point of sale for each adult-sized bicycle.

Over a year later she remains passionately in favour of instituting such a scheme.

"This case clearly illustrates that there is a massive gap in the legislation," said Ms Forster. "Cycling is a mode of transport, cyclists are road users and with that comes certain responsibilities."

A Roads and Maritime Services inquiry in 2013 rejected Ms Forster's suggestion after feedback from the Motor Accidents Authority.

They found it would discourage families from cycling by "further increasing the costs of owning a bicycle".

NSW Roads minister, Duncan Gay, has considered a licensing scheme for cyclists in the past but has so far dismissed registration and insurance policies. He has not ruled out such a move in the future.

"In the coming months we will be getting cycling groups and communities around a table to discuss possible licensing options," he told Fairfax Media.

Bicycle groups in NSW have long tried to encourage members to sign up for insurance.

"Human beings have an inherent 'it will never happen to me' attitude," said Bicycle NSW spokeswoman, Sophie Bartho.

"We encourage all cyclists to take up insurance and to prioritise safety and obey the rules, especially at a time when a lot of people are getting their first or new bike."

Chairman of the Australian Pedestrian's council, Harold Scruby, called on the NSW government to implement compulsory third party insurance for cyclists.

"There must be some form of compulsory insurance, the RMS and the NSW government can no longer ignore it."

http://www.smh.com.au/nsw/pedestrian-emily-greenwood-run-down-by-cyclist-20150111-12iii9.html