High as a kite

High as a kite

I put my hands up. I regularly smoke weed and have done for years. I read your article last month and am worried I have problems with my case.

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

Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.

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Posted by Andrew Prendergast. Last modified: March 15, 2019 at 12:02 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.

About Motorcycle Monthly

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The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.

White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.

White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.

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