Originally Posted by
specialgreen
The fact that this is between a pedestrian and a bicyclist may be adding confusion (especially since this is BikeForums!). But imagine if two pedestrians had come around a blind corner, and walked into each other, and knocked each other out, and each was found to be 50% at-fault. I think the same judgement would happen.
As for why the cyclist doesn't counter-sue, I'm not sure that will fix anything. When the pedestrian sued the cylist, the cyclist had to pay £4k in damages (concussion + stitches in lip), plus £96k to pay for her legal fees. If he counter-sues the pedestrian, maybe he'll be awarded £3k in damages (concussion, but no cut lip), plus £96k to pay for his own legal fees.
In that case, he ends-up losing £98k and she ends-up losing £94k. It's a no-win situation (except for the lawyers, who are very happy by now). The only winning strategy is for both of them to recognize that if each of them is even a tiny bit responsible, then they will both lose more money paying lawyers than they can gain from minor injury damages. Even if one person was only 10% liable, paying a 10% portion of the other's legal fees would cost more than they could receive in damages for minor injuries.
Imagine that you bumped into someone at a fast-food restaurant: you knocked their burger on the floor, and they knocked your fries on the floor. You'd both have to be pretty stupid to think that a pair of lawsuits seeking $3.50 and $1.20 in damages is a good solution.
I don't have to imagine I've had both of these occur. I'm walking downtown (or was it in the mall?) and some guy charges out of a shop and barrels right into me. I notice him out of the corner of my eye just in time to brace for the impact and manage to stay upright. He bounces off and tumble to the ground the jumps up and demands that I apologize.
Another instance I'm walking along minding my own business and some gomer stretches out his arm like a drawbridge holding a cell phone right at the moment I walk by and it gets knocked out of his hands. I can't imagine on my worst day being that oblivious to the world around me. No law suit either time.
Maybe in this case, the cyclist realized the futility of a lawsuit, but the pedestrian didn't. In that case, I think it's the cyclist's civic duty to educate the pedestrian, by filing a counter-suit. He won't avoid the £100k judgement, but maybe he can hire his 2nd cousin as attorney, and at least get a few beers out of it
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I think the reason he didn't press charges is that men tend to be less likely to do so, and especially when a female is involved. I think he may learn to change that mindset in the future after this incident.