Briefly, I was riding home from the shops on my scooter on the main road, under the speed limit, when a chap pulls out from a minor road to my left and smashes into the side of me, breaking my leg in about 8 places.
Basically, I‘m spanked and won’t ever work as a builder again. I have three witnesses in my favour (one who is an off-duty copper), who all blame the other driver. However, I failed the roadside drug test. The police decided not to prosecute me as my leg was mangled.
However, the other side have said because I was ‘drug-driving’, I am automatically to blame, as that is illegal. My solicitor tells me they are full of it and told me to crack on to trial if need be. What do you think?
Answer
Just because you are over the drug-drive limit, does not automatically mean you are liable for the accident. From what you have said, even if you were high as a kite, that didn’t cause the accident.
The other side negligently pulling out of a side road caused the accident. I think your solicitor is absolutely spot on. Stick with him or her and press on. You will win.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly April 2019
