got t-boned, legal advice

[the_lone_wolf]

Originally Posted by Dicky Ticker

Whether a judge frowns or not the law is what should be applied...

"When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes... Additionally, when filtering in slow-moving traffic, take care and keep your speed low."

But we all know the law doesn't really apply to us...

I witnessed a similar accident once, with cars though not bikes. A car was signalling left onto a side street and another guy was turning right out of the same street. He took this as an opportunity to pull out but a car was already overtaking the guy coming off the main road and they collided.

Even though the overtaking car was on the wrong side of the road when the collision occurred the blame was put on the driver emerging from the side street as he had to give way to any traffic.

Lone Wolf,Yes I agree,but not knowing the complete picture I am presuming the exiting vehicle crossed a "Give Way" to enter between the stationary vehicles and as the OP was T-Boned he was already parallel with the junction when the vehicle hit him---he did not hit the vehicle

[the_lone_wolf]

Originally Posted by Dicky Ticker

I am presuming the exiting vehicle crossed a "Give Way" to enter between the stationary vehicles and as the OP was T-Boned he was already parallel with the junction when the vehicle hit him---he did not hit the vehicle

None of that can answer the other party's legal brief though, when they ask "And why did you not slow down and check the area you couldn't see was safe to enter when passing a tall vehicle in traffic Mr xyz" - Just because the 3rd party crossed a give way doesn't absolve us of doing our duty to prevent a collision, if someone pulled across your lane to join heavy traffic on the other side and stopped in your path, you wouldn't plough into the side of them because you had right of way, this is just a (far) less extreme example

They'll ask the magistrate to assess whether there was anything the OP could have reasonably done to prevent the accident, whether he considers "slowing down and checking beyond the limit of what you can see" as reasonable probably depends on the person, but it states pretty unequivocally in the highway code that as riders we have a duty to "look out for ... vehicles emerging from junctions"

I think the important factor in this case is that the OP was struck on the side,no frontal impact and we do not know his speed,nor the speed of the emerging vehicle.
"Give Way"applies to ALL traffic be it overtaking, filtering irrelevant of direction of travel.
These are only my views but I will add that if the police are not prosecuting,which hasn't been mentioned,for an injury accident I would be taking out a private summons.
No doubt the insurance and police have their own policy and irrelevant of how much we discuss it we can not affect the outcome.

thanks the the posts..

has given me somethings to think about.

with referance to the police, they did not turn up. have not even seen them at all.

we'll see what happens!

[the_lone_wolf]

Originally Posted by Airwolf

with referance to the police, they did not turn up. have not even seen them at all.

Don't quote me but I thought the police had to attend any accident where someone was injured?

i thought the same!

I had exactly the same back in 08, went 50/50. I was filtering, car pulled out through a gap in traffic and took me out. Took nearly a year for the payout.

[yorkie_chris]

Originally Posted by the_lone_wolf

"When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes... Additionally, when filtering in slow-moving traffic, take care and keep your speed low."

But we all know the law doesn't really apply to us...

That is not law it is a recommendation, he had right of way, other guy did actually have legal requirement to make sure he was not there.

If he pushed him over sideways he cannot have been doing any speed at all otherwise you tend to hit with a crunch and bounce off. That would mean he was already pretty much in the area and was driven into.