Illegal U Turn Motorcycle Accident Crash
Last summer I was out on a ride on a sunny Saturday in Hampshire. I came upon a long row of stop start traffic so I decided to carefully ride by the queue on the outside. I was going about 30 on a national speed limit road, a speed I considered to be safe as I know the road well and there were no junctions where I was overtaking.
After passing quite a few cars one car without any warning or indication pulled out to do a u-turn and I was sent flying over the bonnet. My solicitors say I am 50% to blame and should accept an offer from the other side reflecting this. I seem to recall a case where the biker got all of his compensation in a similar case to mine. Am I right?
Connor Richards, by e-mail
Answer
As with all these cases each one turns on its own facts and I would need to see the police report and witness statements to give you accurate advice.
However, the facts of your case are indeed very similar to the facts in the Court of Appeal case of Davis -v- Schrogin from 2006. 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 the facts as stated to me you should succeed 100% and I suggest you bring this case to your solicitor’s attention.
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