Do I have to settle after U-turn accident?
A few weeks ago I was out on a ride in Wiltshire. I came up to a row of stop start traffic so I carefully rode by the queue on the outside. I was going about 30 on a 60 limit road, a speed I thought was safe as I know the road well and there were no junctions where I was overtaking.
After overtaking a few cars one pulled out to do a u-turn right in front of me with no indication and I went over the bonnet. My solicitors say I am 50% to blame and should accept that offer from the other side. I remember a case where the biker got all of his compensation in a similar case to mine. Am I right?
Jeremiah Brown, by e-mail
Answer
As with all these cases each one turns on its own facts and I would need to see the police report and witness statements to give you accurate advice.
However, the facts of your case are indeed very similar to the facts in the Court of Appeal case of Davis -v- Schrogin from 2006. In that case there was one lane in each direction and, like you, the biker was overtaking a long line of traffic on the outside. The biker succeeded 100% because he was established and was there to be seen had the other driver looked. In that case the other driver also failed to indicate so there was nothing the biker could have done to avoid the accident. If the witness evidence supports the facts as stated to me you should succeed 100% and I suggest you bring this case to your solicitor’s attention.
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