Who is to blame for pedestrian collision?
I was riding my Tiger 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. This guy stepped out into my path and knocked me off. I was a bit bruised and shaken and my bike needed repairs. I have witnesses confirming that I could not have done anything and that it was his fault but he has told my solicitors that if I carry on with a claim he will counter claim for her shoulder and psychological injuries. He says he was waved across by the car driver at the front of the queue. Surely he is to blame?
Geraint, Cardiff
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 him out. He must satisfy herself that it was safe to cross the road and had he looked properly he would have realised you were there and it was not safe for him to cross the road. I would not worry about a counter claim but do be aware there may well be some split liability.
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