Collision with crashed car
Question
Around 2 years ago I was riding my Triumph home from work along a main A road .The road is mainly a single carriageway, but at certain points forms a dual carriageway to allow for overtaking.
As the road became a dual carriageway I moved into the right hand lane to overtake the slower moving traffic. I was riding around a sweeping bend when all of a sudden I was confronted with a car that had crashed into the central reservation crash-barrier and was blocking my lane. Unfortunately the left hand lane was full with traffic and I was travelling at 60mph so I attempted to brake knowing that a collision was inevitable. I cut my speed significantly, but the next thing I recall was waking up in the ambulance. I sustained very serious injuries, but have been reluctant to bring a claim as I was worried I was being found at fault for not being able to stop in time.
Alex, Dover.
Answer
I am sorry to hear about your accident and it is a case that is worth investigating. On your evidence it remains unclear what exactly caused your collision and it will be necessary to obtain the police report and speak to any witnesses about what happened to provide more accurate legal advice.
Nevertheless, if it becomes apparent that driver of the car, that was blocking the right lane, was at fault for their crash then you may be able to successfully bring a claim against him/her for causing your incident. However, even if this is successful it is very likely you will be found to be contributory negligent, as even though you were travelling within the speed limit, it will be argued by your opponent that this was simply too fast travelling around what sounds to be rather blind bend. In your favour is the fact it is a dual carriageway and the right hand lane is intended for overtaking so it is not as foreseeable that there would be something blocking your progress.
Alternatively, if a loose object lying within the road has made you lose control before hitting the crashed car then this may be a claim which needs to be submitted to the Motor Insurers’ Bureau who will compensate victims involved in accidents involving untraced vehicles.
In any event both avenues have a 3 year time limit in which to bring a claim, so it would be recommended that you urgently contact a solicitor to commence investigations and your claim.
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