Should my filtering accident be a 50/50?

I was riding to work in October last year when I approached a queue of slow-moving traffic. I decided to filter past on the right and was riding at about 30mph. The speed limit for the road was 60mph and there were no junctions up ahead.

After I passed some cars, one of them pulled across my path to do a U-turn in front of me without any prior indication, causing a collision. My solicitor says I am equally to blame and should accept a 50/50 liability offer received. Is this right or should I press on for 100% in my favour?

Ryan Evans, Cardiff

Answer

Each case turns on its own facts and I would need to see the police report, any witness statements and any video / CCTV footage to give you meaningful advice.

However, based on your email it would appear that your case is similar to the circumstances in the case of Davis-v-Schrogin, where there was one lane in each direction and, as in your case, the motorcyclist was overtaking a line of traffic on the outside. The motorcyclist was awarded compensation on a 100%  basis as he was established and was there to be seen if the other driver had looked. The other driver also failed to indicate, so there was nothing the motorcyclist could have done to avoid the accident.  You should highlight Davis-v-Schrogin to your lawyer, because if the evidence backs up your version of events then my view is that you should succeed on a 100% basis.