I’m being prosecuted for filtering

I am being prosecuted for driving without due care and attention following a motorcycle accident. I was travelling along a 30mph road and passed a line of stationary vehicles waiting at a red traffic light when one of the cars suddenly pulled out and collided with me. I was not exceeding the speed limit at the time.

I am currently pursuing a compensation claim and the other driver’s insurer has admitted liability. However, the solicitor handling my injury claim has advised that he cannot represent me in the criminal proceedings. What are my options?

James Roberts, via email

Answer

Driving without due care and attention – commonly referred to as careless driving, occurs when a person’s standard of driving falls below that expected of a competent and careful driver. This differs from dangerous driving, where the driving falls far below the expected standard.

Motorcycle filtering is legal and does not automatically amount to careless driving. However, there is an important distinction between filtering and overtaking, which often depends on the speed of the motorcycle compared with the surrounding traffic. Although you state that you were not speeding, if you were travelling at or close to 30mph while passing stationary vehicles, a court could consider that speed excessive in the circumstances.

You should seek advice from a solicitor who specialises in motoring offences and provide them with details of the civil claim, including the insurer’s admission of liability. A conviction for a motoring offence in these circumstances would not necessarily prevent you from successfully recovering compensation for your injuries.