I was knocked off my bike by an idiot of a car driver who was in the outside lane of a roundabout, indicating left to exit.
The roundabout exits into a dual carriageway so I went to pass him on the outside and take the same exit when the driver decides to flick the indicator on right, and knocks me sprawling off my bike. There are no witnesses apart from my mate who was ahead of me, and, oh yeah, the camera on my helmet which captured the whole thing.
I sent this to my original solicitors who started going on about ‘covert evidence’ and ‘inadmissibility’ and even data protection, and told me I could not rely on it. They wanted me to make a 50/50 offer based on some case law. So I changed to solicitors who seem much more switched on. But their advice to me is a bit odd. They are telling me to keep this video secret until the other driver confirms his version of events in writing, which is “I was in the correct lane and this numpty on a bike just smacked into me.” That is what he told the police.
The sharp eyed copper did not notice the GoPro on my helmet. I didn’t get a chance to explain anything because the ambulance carted me away and the police have decided not to prosecute as there is ‘insufficient evidence’. I am worried that the new solicitor is just trying to rack up his fee because the video is an open and shut winner for me. My new solicitor says I should accept nothing below 100 per cent and go to trial if needs be. Am I being fair to my new solicitors?
Your new solicitor knows his game and I totally agree with him. If you disclose the video evidence early the other driver may be tempted to ‘trim his evidence’ I have seen the video and it clearly shows what you have said but it is actually quite hard to work out where you came from or your speed. Your solicitors are showing good court craft. I have checked out your new solicitor and I note he is a higher criminal courts advocate – so his court craft is going to be good.
If the driver commits himself to a version of events like, “I was in the inside lane,” – when he clearly was not and, “I was not indicating left,” when he clearly was, anything else he says will be treated with at least grave suspicion by the court. Show him the video and he will say, “I realised I was in the wrong lane so I carefully checked my mirrors and indicated right when this motorcyclist roared up behind me. He was already losing control of his bike due to his excessive speed, “or some similar bullshit. So your solicitors are giving you good advice and you should follow it.
The other driver’s solicitors might moan about you keeping this video to yourself but it seems your solicitor has got a plan for this, which I think will work and he is certainly thinking your case through. They are preparing as though your case is going to trial rather than processing it. The 50/50 outcome only has some merit where there is an unclear or seriously disputed version of events – but you have the whole thing in beautiful HD. The new solicitor understands the rules of evidence and how to plan a case. You picked a good one!
Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:22 am
Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.