I've been dredging through Google looking up the reports on this case. As expected there is a certain anti cyclist feel to a lot of the articles. However I can't find a single mention of the fact that the young girl had been drinking.A witness told the court that Rhiannon and eight of her friends were walking to a chip shop after drinking beer in a park. The court heard that Rhiannon had drunk “two or three” cans of lager but was “absolutely fine”.http://www.bikeradar.com/road/news/arti ... ath-17458/
Of course that doesn't absolve the cyclist of any measure of blame
Naturally - nor would it were this a driver of a vehicle that had done the same.
but it's certainly not the clear-cut situation that's portrayed in many of the articles that appeared in the mainstream press, or in Andrea Leadsom's article.
I'm not so sure - unless there's a suggestion that a pedestrian suddenly, and unpredictable jumped out into the path of a moving vehicle / cyclist, then I'm entirely unsure what relevance it has.
If it's already been established that a hazard was clear, that the cyclist (by shouting) must have been aware, yet apparently / allegedly took no mitigating action (ie slowed down, altered course) then I fail to see the point.
Were this a driver of a car, proceeding at the same speed / course, after noticing people leaving a pub / club, possibly under the influence, that did not react to the hazard by slowing down and being ready to stop / change course, they would by hypothetically at fault, too. Were it a deliberate decision to not alter speed / course, then may well (hypothetically) fall into the category of dangerous driving (as opposed to DWDCA).