Collision with pedestrian
I was riding my scooter to work when traffic came to a stop ahead. There was nothing coming the other way so I filtered past the traffic queue at about 20mph. A lady ran into my path and knocked me off. I was a bit bruised and shaken and my bike needed repairs. I have a witness confirming that I could not have done anything and that it was her fault but she has told my solicitors that if I carry on with my claim she will counter claim for her injuries. She says she was waved across by the car driver at the front of the queue. Surely she is to blame?
Rob, Exeter
Answer
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 case law suggests 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 which can also impact on the likely finding of shared blame.
The pedestrian cannot rely on another road user waving her out. She must satisfy herself that it was safe to cross the road and had she looked properly she would have realised you were there and it was not safe for her to dash across the road. I would not be threatened about a counter claim although be aware there may well be some share of responsibility.
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