Should I accept a 50/50?

In August I was riding near Ross on Wye. I came up to a queue of slow-moving traffic so I filtered past on the outside. I was going about 30/35 on a 60-limit road and there were no junctions where I was overtaking. Having passed a few cars one pulled out to do a U-turn right in front of me with no indication and I went over the bonnet. My solicitor says I am 40-50% to blame and should accept the 50/50 offer from the other side. I remember reading a biker got all of his compensation in a similar case to mine. Is that right?

John, Hereford

Answer

Each case turns on its own facts and I would need to see the police report and witness statements to give you accurate advice.

However, your case is very similar to the facts in the well-known case of Davis -v- Schrogin. In that case, there was one lane in each direction and, like you, the biker was overtaking a long line of traffic on the outside. The biker succeeded 100% because he was established and was there to be seen had the other driver looked. In that case, the other driver also failed to indicate so there was nothing the biker could have done to avoid the accident. If the witness evidence supports what you say then you should succeed 100% and I suggest you bring this case to your solicitor’s attention.