How can I be at fault if they pulled out on me?

I was out on my bike on a country road riding at about 50 to 60mph when a tractor with a trailer pulled out from a junction just after a gentle bend.  I assumed the driver would see me and realise I couldn’t brake in time and stop, but he didn’t, and so I had to try to go around the front of it.  Unfortunately, the gap closed and I hit the tractor.

The police officer investigating the accident blamed me, seemingly ignoring that the tractor pulled out into my path.

I don’t think I was to blame as I was not exceeding the speed limit. Am I likely to succeed with a claim against him as I had multiple broken bones and loss of income?

Paul, Bushey

Answer

I will need to see the police report and any available witness evidence before being able to advise you correctly on liability. Whether or not you were there to be seen when he pulled out will be of crucial importance: as the tractors driver was already emerging when you first saw him, it is possible that you were not there to be seen.

You may not recover 100% of your compensation but you may succeed in part. Although you were travelling within the speed limit, the other side may argue that you were going too fast for the road conditions and that you would have been able to stop safely if you been riding more slowly.