So, I'm going to court...(bike accident)

[Mondeo Man]

So, I'm going to court...

Received a court claim from the third party legal team/court regarding my filtering + car turning right accident of last year.

Accuses me of various 'particulars of negligence':

Failing to break, swerve to avoid.
Failing to grant right of way (legally proceeding vehicle),
Failing to keep look out,
Drove vehicle without due care and attention
overtook or attempted to overtake when not safe to
failed to pay heed to road signals
Was driving on incorrect side of the road.

Initially my insurers were offering in his favour, but the litigation team, having reviewed the case, have now decided to counter claim against the third party. They have agreed that his witness's account seems to be 'anti bike'.

Which I'm glad about, because the case has so far been based on his witness account, which basically (wrongly) has me recklessly overtaking on the wrong side of the road at 45 mph (in a thirty zone).

I have argued that this isn't true:
- I wasn't overtaking (but filtering: in a place it is not prohibited to filter by any road signs etc). I was not 'in and out' of traffic, but alongside it long enough to be seen by anyone intending to turn/pull out.
- I wasn't speeding, but maintaining a steady speed, 15-25mph along the straight.
- That I wasn't on the wrong side of the road, but filtering parallel with the traffic.
- I have argued that I didn't brake, because there was no time, because the driver pulled out 'late'.

I have argued, further, that the driver should have seen me. It is a long stretch of road, not a blind bend, etc., of maybe 100-150 metres of rear visibility: quite frankly, you can't not see oncoming traffic if you look, MSM. Hence: all talk of due care, not keeping a look out, applies to the driver.

Also, it was stand-still traffic, leading into the city centre, filtering bikes can be anticipated.


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Anyway, any advice as always... including experiences with county courts, please.

[Wafer_Thin_Ham]

It'll probably go 50-50 these types of things usually do.

I'm sure there are some precedent cases that someone will roll along with in a bit to give you some idea.

Powell v Moody (1966) usually get used, which is 80% the fault of the rider. However a case from 2006 may be worth using in your defence:

Davis v Shrogin (2006)

Basically says that it's not the biker's fault if the car moved without giving them any time to react.

Although I fully hope/expect your defence to already know about those cases.

More:
https://www.google.co.uk/search?q=precedent+case+filter&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-GB:official&client=firefox-a#sclient=psy&hl=en&client=firefox-a&hs=D2W&rls=org.mozilla:en-GB%3Aofficial&source=hp&q=precedent+case+filtering+motorcycle&aq=f&aqi=&aql=&oq=&pbx=1&bav=on.2,or.r_gc.r_pw.&fp=88dd9a080a8f90d7&biw=1024&bih=629
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[anthony_r6]

Good Luck.

Just wondering though, when your insurance was going in their favour initially, what did you say? Did you just agree?
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[Rogerborg]

What exactly do you mean by a "court claim"? I'd be very surprised if it actually gets to court - what sort of sums are we talking about?

You'll hear from the court if and when the case is scheduled - feel free to ignore anything sent you to by the other party's lawyers. They're just puffing themselves up. Like adders.

Chances are that the lawyers will get together and stitch you up 5 minutes before the case is heard, but in case you're called as a witness, it'd be worth rehearsing your story beforehand. Try to sound concise and absolutely confident - don't equivocate or make any concessions to the car driver and witness' version of events.
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[Clanger]

Mine went to court. All I can say is attend, look smart, say nothing unless asked...don't give anything but direct answers.

The lack of defendant and of solicitor for the other party was commented on by the judge, she said 'she was non too pleased', and thanked me for coming along even though I didn't really say much.
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[Pete.]

[T.C]

It sounds like proceedings have been issued, which is not uncommon when it is getting close to statute of limitation, and the wording is just commonal garden legalise, so don't read too much into that.

99% of cases settle before it gets to trial as it can add up to another £50,000 to legal costs to the losing side, so they usually prefer to settle before it gets over the threshold of the court.

Your standard defence will be Davis v Shrogin (2006) as Powell v Moody (1966) was superceded many years ago, and these days the majority of filtering cases usually go in favour of the filtering motorcyclist as most judges now accept that car drivers have a statutory duty of care to ensure it is safe before they change position.

It is not for you tp prove that you were not exceeding the speed limit, it is the requirement for the other side to prove that you were, and so unles there was a full Police accident investigation carried out, this will be unlikely, despite what the witness may have claimed.

If you need any assistance, feel free to PM me. I am a retired Police motorcyclist and now a specialist motorcycle accident investigator working in private law and I deal with these types of crashes on a regular basis, so any assistance or advice you need, then I am more than happy to provide.
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[Rogerborg]

[mad4it028]

i was always taught not to filter past junctions for that very reason
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[T.C]

[Rogerborg]

I'll cheerfully take your word for it, but that's a strange use of "prove" and "probability".
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[T.C]

[Daimo]

Agreed with whats said. I've been through this myself. Bloke decided to to a U turn out of no-where as I was filtering.

Same thing, exccessive speeding wrong side of wrong etc.

All went down the pan. The other side kept changing their story, and I have to say I managed to get a witness and eventually won before it went to court. Not before lots of nasty long worded letters were sent.

Stick with it, prove things, location of motorcycle after accident, distance travelled etc.. Don't fret yet!!

[st3v3]

Think Kitty (Sandra) in North had a problem like this where some numpty turned right on her and I can't recall she won but she'd verify if she reads this.

Nice to see you back TC.
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