I hit a pedestrian while filtering…

I was riding my scooter home from work when I rode up to a queue of stationary traffic.  As there were no cars coming the other way, I filtered past the queue at about 25mph. An elderly man then walked out from between the traffic into my path and I came off. I was very lucky and only had minor injuries but my scooter was damaged. A witness came forward and confirmed it was not my fault, but the pedestrian has threatened a counter claim for his injuries if I pursue my claim. He says he walked across as the traffic had stopped. Is he to blame for this accident as I think he is?

Ben, Wrexham

Answer

Filtering is legal despite what third party insurers or their solicitors often claim. Each case is fact specific, so there are no hard and fast rules, but case law suggests that if traffic is stationary a speed of 15mph would be an appropriate filtering speed whereas 20mph or more may not be. When considering liability other factors are relevant such as the presence of a junction.

The pedestrian should have made sure that it was safe to cross the road and, if he looked properly he would have seen you were there and that it was not safe for him to cross the road. I would not worry about a counter claim as your insurer will deal with it, but do be aware there may well be contributory negligence on your part due to your speed.