I was hit by a tractor…

I was riding on a country road at around 50mph when a tractor and trailer came out from a road on the left just after a bend. It kept moving into the road leaving me little option to avoid it. I thought the driver would see me and I didn’t think I could stop in time so I tried to go around the front of it. He continued to come out and the gap that I was heading for closed before I could pass him. I tried to brake but was not able to and collided with it. The police are blaming me for the accident despite him pulling out on me. I don’t think I was to blame as I was going under the speed limit. Do you think I will succeed with a claim against him?

Michael, Reading

Answer

I would need to see the police report and any witness evidence before being able to advise you. Whether you were there to be seen when he pulled out will be a crucial factor. As he was already emerging when you first saw him it is quite possible that you were not there to be seen when he decided to pull out. Although you may well not recover 100% of your compensation you may well succeed in part. Although you were travelling within the speed limit your opponent will likely argue that you were going too fast for the road conditions (the bend) and had you not been you could have safely stopped.