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CarlZZR14

Joined:

Nov 12

Posts: 3

CarlZZR14 says:

Should I fight this one?

On approach to traffic lights there are two lanes, lefthand lane for ahead only, righthand lane for Right turn traffic Only. I was aware of a long traffic Queue in the righthand lane to turn right, Traffic was slow at this point as traffic was merging into righthand lane,

Following the traffic in the left lane as the lights were green,

flowing through the lights traffic slowly started to pick up speed

After a few hundred yards and the four cars ahead were not making much progress, so I proceeded to make an overtaking manoeuvre, national speed limit, Road ahead is clear of oncoming traffic, no junctions, so observation, signal, life saver, manoeuvre to centre of other lane, proceeding to pass car one, alongside car two, car three started to pull out, no signal that I could see, oh shit, blasted my horn and swerved to the right to try and put myself out of harms way, to my horror he was turning into a driveway, there was nothing more I could do. BANG, he hit my bike to the rear of the engine, and rear shock / swing-arm with the front of his car crushing my left foot, pushing my bike counter-clockwise and over onto the right side I parted from the bike hitting a post braking 6 ribs near my spine,

what followed was months of pain, two ankle operations, weeks in hospital, dozens of X-rays and hospital appointments.

Took over a month for a visit from the policeman involved, he took my statement and told me it would not be his decision, but the likely outcome would be a driving course or prosecution?

After all I had been through and now bring told it was my fault,

the driver admitted he was doing a u turn as he wanted to turn right at the lights to go to his place of work

it was months later I received a letter in the post inviting me to take a course as there is evidence to prosecute me for driving without due care and attention

What to do now take the course or fight in court? no idea if the car driver has been charged with anything or not.

 I do know his new audi TT has been repaired but I have had no bill.  Yet...

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  • Posted 2 years ago (12 November 2012 00:49)

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jaffa90

Joined:

Mar 09

Posts: 8924

jaffa90 says:

this one

Welcome with bad news,this one? how many?Your in the right section (legal),

Witness,have you an independant witness about no signal on the drivers intensions? Has your ins com got the drivers statement about doing a u turn from his ins com?   

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CarlZZR14

Joined:

Nov 12

Posts: 3

CarlZZR14 says:

Only this one.

As I ended up under a hedge then into a ambulance I only spoke to one person while waiting for firemen to cut me out and he said he did t see his signal but iv no idea as police wont release anything to me  

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smidget

Joined:

Nov 07

Posts: 2421

smidget says:

CarlZZR14

I would advise you to contact Andrew Campbell the sites resident Lawyer at, www.bikelawyer.co.uk have a chat and see what he recommends you do.

Used them myself and cannot sing their praises high enough, great team.

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shuggie1

Joined:

Apr 07

Posts: 1554

shuggie1 says:

Tricky one...

Reading the events above could the Summary of RTA be:- Flowing along single lane road (plus one lane travelling in other direction). Through traffic lights and line of four cars with bike behind on national speed limit road, start to accelerate.

Cars slow down (so possible something happening?) bike moves to opposite carrigeway and passes first vehicles in line, then is hit by the lead vehicle turning across opposite carrageway into a drive.

Sorry, but looking at it does seem that the cars slowing should have given warning something was happening, so even if stationary, or very slow, you should have been proceeding (on wrong side of road) with caution?

What speed were you / cars travelling at? Were you moving slightly faster or a fair bit? How far over in the other lane were you? Just passing cars or well over (to increase visability)?

You were flung into hedge, so possibly moving at reasonable pace? Otherwise would have been classic filtering 'off' with low speed tumble and bike on side at point of impact? 

All been there, and not preaching, but does seem at best 50/50, and at worst, car was slowing (and possibly signalling to turn) and may not have expected bike to come up from behind on other carrigeway.

 

 

 

 

 

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eatcs01

Joined:

Aug 02

Posts: 3268

eatcs01 says:

Accident

The car turned without looking or indicating. Looks to me like you were in the right. Suggest you contact ACIC on here as has already been suggested.

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ACIC

Joined:

Apr 06

Posts: 367

ACIC says:

Your motorcycle accident

Dear Carl

I think on the basis of the evidence before me you should be fighting this one. We can take a look at the evidence the police has and see if them pursuing a charge is appropriate. Even if you have to accept the course or get prosecuted this still does not necessarily preclude you from making a claim for your serious injuries. I think your claim has good prospects. The major point here is that you were there to be seen had he looked properly or at all. Clearly evidence as to how long he had been indicating will be relevant for the liability split the major point is, as I have said, his acts/failures. U-turn cases have succeeded at 100% for the biker but each is fact specific. Give me a call and we can discuss further but I am happy to take this on on a no-win, no fee basis and will deal with the CPS as a bonus. 

Kind regards, Andrew Campbell, Bikelawyer 01446 794169 andrew@bikelawyer.co.uk

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CarlZZR14

Joined:

Nov 12

Posts: 3

CarlZZR14 says:

Tricky one

With respect shugg1, cars were slow through the lights and were picking up speed when I started my over take, the car turing right was 2nd in the row and not at the lead, road ahead was clear, My speed was 40 – 45, my position in the other lain was centre, best visibility my opinion.

Did I mention, Headlight on dip and I was wearing Hi-viz


thanks for the advise smidget,


ACIC will give you a ring and arrange an appropriate time

regards


also thanks to all who took time to read and post, will keep an update, as this might be a long process  

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shuggie1

Joined:

Apr 07

Posts: 1554

shuggie1 says:

Cheers Carl

Only asked...



Reading again, well possible he never even looked...

Good luck

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