A pedestrian stepped into my path

I was riding my Fazer 600 to work when traffic was stationary up ahead. Nothing was coming the other way so I filtered past the traffic queue at about 20/25mph. A teenager stepped out into my path and knocked me off. I was luckily not badly injured but my bike needed some repair work. I have witnesses confirming that I could not have done anything and that it was her fault. Still, she has told my solicitors that if I carry on with a claim against her she will counterclaim for her soft tissue injuries and psychological injuries. She says she was waved across by the car driver at the front of the queue. Surely she is to blame?

Rich, Gloucester

Answer

Filtering is perfectly legal despite what defendant solicitors and third-party insurers claim. Each case is fact specific so there are no absolute rules but case law suggests that if a line of traffic is stationary then a speed of 15mph would be appropriate whereas 20mph may not be. Other factors come into play such as the proximity of a junction which can also impact the likely finding of shared blame.

The pedestrian cannot rely on another road user waving her out. She must satisfy herself that it was safe to cross the road and had she looked properly she would have realised you were there and it was not safe for her to cross the road. I would not worry about a counterclaim but do be aware there may well be some shared apportionment of blame here.