I was out riding last month and approached a long line of stationary vehicles that were queueing because of temporary traffic lights. To make progress I started filtering on the right of the traffic using an area with broken chevrons. As I approached a junction on the left and just before the chevron area ended, a car decided to pull out to his right (presumably to conduct a U-turn) and knocked me off. I wasn’t able to avoid the collision as I was right on top of him when he started his turn.
I have just found out that his insurance company is claiming that I am entirely at fault for this accident as I should not have riding in the area marked with chevrons. I am not happy with this as I was riding at less than 10mph whilst filtering and surely their driver has a duty not to pull out without looking in his mirrors?
This may be a difficult case and the outcome will depend on the specifics of the road markings that border the chevrons. This is because Rule 130 of the Highway Code states that if the area is bordered by solid white lines then you must not enter it except in an emergency. If instead it is bordered by a broken white line then you are permitted to enter the area, but only if it is necessary and you can see that it is safe to do so.
As such, if the area is bordered by solid white lanes then it is likely that you will have to accept the lion’s share of responsibility for the accident as you should not have entered the area when filtering. Obviously if the area is marked with broken white lines then you will have a better chance of obtaining a more favourable result.
That said, the car driver will also face some criticism as, by the sounds of it, you were there to be seen and riding at a low speed. If this is correct then he should not have attempted his U-turn without checking it was safe to do so.
In this instance I would strongly recommend you instruct a specialist solicitor to act on your behalf. This will ensure you end up with the correct settlement as there are going to be specific legal arguments to be made in your favour.