Seafront calamity

Seafront calamity

I convinced my girlfriend to hop on as pillion so we could cruise down Great Yarmouth seafront

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

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: November 11, 2019 at 1:49 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 On 2 Wheels

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The O2W 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 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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