Compensation despite criminal conviction
I have been convicted of driving without due care and attention/careless driving after I was involved in an accident. I was riding in a bus lane in London (allowed at that time in the morning) and went to undertake a car driver in the outside lane who was going too slowly. He put his left indicator on at the last moment and turned across my path causing the collision. Witnesses said I was doing about 45 in a 30. I think my conviction is unfair as he caused the collision by not looking. My solicitor says she now has to drop my personal injury claim due to my conviction but surely this is not fair!?
Jason Cook, Shoreditch, London
Answer
It is not correct to state that just because you were convicted that automatically strikes out your personal injury claim. All the circumstances of the accident must be considered, not just your speed. Although you appear to have been speeding, the primary cause of the accident does not seem to be your speed. You were lawfully established in your lane. It appears the car driver’s failure to use his mirrors or an over the shoulder check is the principal cause of the accident. He should have seen you and formed a view as to your speed and had he done so he would not have pulled across your path.
I disagree with your solicitor about prospects of success (although I have not seen to the papers which I would need to form a firm opinion) but you will inevitably have to accept some of the blame for your speed as a contributory factor. I suggest you seek the opinion of another lawyer if yours does not change her mind.
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