Caught in the dark

Caught in the dark

I was out riding my BMWS1000RR with a couple of mates through the Peak District. We weren’t flying and only doing about 70mph in a 50mph limit.

Anyway, we headed through a wooded section and unfortunately because it was dark and shaded I couldn’t see the black Mondeo ahead of us. This resulted in me having to slam on my front brake at the last second.

The bike then flipped and I fell off. I didn’t hit the car in front but did slide across onto the wrong side of the road where I was hit by a Transit. This totaled his Transit and smashed me up pretty bad.

The accident wasn’t my fault as I couldn’t see the Mondeo and I want to bring a claim against the van that hit me. Also the police want to talk to me. Do you think they will be prosecuting the Transit driver?

Answer

I will answer the last question first. No, I think the police will want to speak to you because they are contemplating prosecuting you.

Be prepared for a charge of careless driving. If convicted you can expect between three and nine penalty points on your licence; plus a fine. I say this because from what you’ve described there is only one person to blame for this accident and it wasn’t the van or Mondeo driver.

Yep, you’ve guessed it. The only person to blame for this accident is you for not looking properly and/or travelling too fast for the circumstances. I advise you have legal representation present for any police interview you do. You can get a duty solicitor for free and this without doubt will be better than ‘going it alone’.

Andrew Prendergast

Motorcycle Monthly October 2017

Posted by Andrew Prendergast. Last modified: March 23, 2018 at 4:50 pm

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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