Knocked off by a tractor…

I was riding my Triumph Street Triple along a rural road at approximately 55–60 mph when just after a gentle bend, a tractor towing a trailer had emerged from a side road on my left into my lane. Believing the driver would see me I continued but then realised there was insufficient distance to stop. I therefore attempted to pass in front of the tractor but the gap narrowed and I hit it.

The police have concluded that I was at fault, seemingly overlooking the fact that the tractor pulled out into my path. I do not believe I was responsible for the collision, particularly as I was within the speed limit. Will I succeed with a claim?

Tiffany, Epping

Answer

To provide accurate advice, I would need to review the police report and any available witness evidence. A key issue in determining liability will be whether you were there to be seen when the tractor pulled out. If you were then you will establish liability against him but if you were not then it is hard to argue that he did anything wrong. As the tractor had already started entering the road when you first observed it, it is possible that you were out of sight around the bend when he pulled out.

Although you were travelling within the speed limit, the other party may argue that your speed was excessive for the road layout and prevailing conditions. They may argue that, had you been travelling more slowly, you would have been able to stop safely and avoid the collision. The outcome will therefore depend on the available evidence which will require careful scrutiny.