The NSW District Court recently determined that:
Pushbike riders have an obligation to not cause injury to other road and footpath users.
Facts
Following a motor race in Bathurst, the track is opened to the public with some people riding skateboards or bicycles, but most people walk the circuit. James (the plaintiff) and his family were walking around the track at about 7pm. Suddenly, he heard something howling and screaming as he was passed on his left side. The next thing he remembers is waking up in an ambulance and then again at Bathurst Hospital.
James had been hit by Whiteman (the defendant pushbike cyclist) and suffered injuries primarily to his right shoulder which has prevented him from returning to work. James commenced proceedings against Whiteman.
Whiteman alleged the James was negligent by walking on the road (as opposed to the grassy shoulder) and with his back to the oncoming traffic.
Finding
The court rejected Whiteman’s argument stating that the roadway had become a footpath and pedestrians were free to use it as such. The court ruled in favour of James, ordering Whiteman to pay damages.
If you have been involved in accident involving a pushbike, you may be entitled to compensation.
For advice, please contact:
| Matthew Bridger | e: mbridger@elringtons.com.au | p: 02 6206 1300 |  |
This publication is intended only to provide a summary of the subject matter covered. It does not purport to be comprehensive or to render legal advice. No reader should act on the basis of any matter contained in this publication without first obtaining specific professional advice.
