Filtering through traffic, a car driver pulled out of a road to my right. I sounded my horn for 5-10 seconds and thought he’d seen me, so kept riding.
He just kept coming and I t-boned his car, falling off and breaking my wrist; my girlfriend smashed her femur and pelvis. The two solicitors I’ve spoken to are happy to represent me, but say my girlfriend needs a different solicitor, as she may have to sue me.
I don’t see why as she was on the back of my bike, filtering is legal and it wasn’t my fault.
Answer
Filtering cases can end up with a split liability outcome depending on the facts.
Whilst drivers have a duty to look out for bikers, a biker who takes themselves out of the ordinary line of traffic has a duty to look after themselves as well.
You were filtering near a junction and saw the car long enough to ‘beep’ your horn, yet ‘kept riding’. A judge could find you partly to blame and there in lays the problem. I say this because your girlfriend will get 100% of her compensation either from the car driver’s insurer, your insurer, or a combination of both, depending on any liability split.
The two solicitors are correct and your girlfriend will need a different solicitor as a ‘conflict of interest’ will likely arise. One solicitor cannot do a proper job for both of you in this scenario.
Andrew ‘Chef’ Prendergast
On Two Wheels May 2019
