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Pedestrian v bike


I was riding my scooter to work when traffic came to a halt up ahead. There was nothing coming the other way towards me so I filtered past the traffic queue at about 20mph, not too fast in my opinion. Suddenly a bloke ran into my path and knocked me off. I was a bit bruised and shaken but my bike needs £800 repairs. I have witnesses confirming that I could not have done anything and that it was the other guy’s fault but he has told my solicitors that if I carry on with my claim he will counter claim for his more serious injuries. He says he was waved across by the car driver at the front of the queue. Surely he is to blame here?

Clive Pollard, Manchester



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 the recent cases suggest 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 (major or minor) which can also impact on the likely finding of shared blame.

The pedestrian cannot rely on another road user waving him out. He must satisfy himself that it was safe for him to cross the road and had he looked properly he would have realised you were there and it was not safe for him to dart across the road. I would pursue your claim and not be threatened about a counter claim although be aware there may well be some share of responsibility but I would need to see all the evidence before advising further.

Also, you should ensure that the pedestrian has the means to pay your claim either personally or with insurance (third party liability insurance often through a household contents policy).



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