I was filtering past traffic at about 20mph when this guy ran into the road, knocking me off. I got away with bruising but my bike will cost £1500 to repair. I have a witness confirming that it was the other guy’s fault but he has told my solicitors that if I carry on with my claim he will claim for his injuries. He insists he was ‘waved across’ by the driver at the front. Surely this can’t be my fault!
Seb Haines, Bristol
Andrew Campbell, Solicitor and author of the MCN Law column
Filtering is legal, no matter what their solicitors are saying. Each case is fact-specific so there are no absolute rules but the case law suggests if a line of traffic is stationary then a speed of 15mph would be appropriate whereas 20mph may not be. Other factors come into play such as the proximity of a junction (major or minor) which can also impact on the likely finding of contributory negligence.
It seems likely that the pedestrian is completely at fault here. He cannot rely on another road user waving him out. He must satisfy himself that it was safe for him to cross the road and had he looked he would have realised you were there.
You had right of way. I would press on with your claim and not be threatened about a counter claim, although be aware there could be some share of responsibility but I would need to consider all the evidence before advising further. Your insurer will deal with the pedestrian’s claim although it may be an idea for your solicitor to deal with defending it in addition to pursuing your claim.
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