I was travelling along a country road at 50mph and was just exiting a sweeping bend when I was met with a large farm vehicle emerging from a road to my left. The vehicle was moving into the road, blocking more and more of my path. I assumed that the driver would see me and I didn’t think I could safely stop so I attempted to go around the front of it. The driver continued to emerge from the side road and the gap that I was heading for closed before I could get through. I attempted to brake knowing that a crash was inevitable. The police are blaming me for the accident and want me to go on a drivers improvement course. I do not think I was to blame as I was going under the speed limit. Am I likely to succeed if I seek compensation?
Richard, Welwyn Garden City
I would need to see the police report and witness evidence before providing a detailed opinion. Although you are unlikely to recover 100% of your compensation you may well succeed in part. A “successful” claim is one in which the other side makes a settlement offer or concession, however small, in relation to liability, resulting in compensation. I suspect you are likely to be found partly at fault which will reduce your compensation. Although you were travelling within the speed limit your opponent will argue that you were going too fast for the road conditions and had you not been you could have safely stopped.