Q. I was filtering through traffic when I saw a bus indicating right and moving out of a bus stop to my left. There was a van to his right and I went for the gap in between. Because the bus was pulling out I got stuck in between the van and bus and then fell off my bike. Both drivers stopped so I have their details. Filtering is legal, so who can I sue, the van or the bus or both?
Luckily I captured the whole incident on my helmet camera. The police turned up and but the officer wasn’t that interested. However, I have tracked him down and sent him the video showing what happened. Hopefully the van or bus driver will get prosecuted. What do you think?
A. Are you a complete spoon? We evolved over thousands of years and can supposedly be intelligent. Are you the missing link? In short, unless I am missing something this accident was entirely your fault. Yes we all make mistakes (I once rear-ended a massive parked bus whilst riding a Honda C90 at the age of 17!) but you can’t sue someone because you made a mistake. To coin a phrase, “where there’s blame, there’s a claim.” The problem you have is the blame is with you.
As for the video, you have just offered yourself up on a plate for prosecution. If the police officer reviews it you can expect to be summonsed for driving without due care and attention or possibly dangerous driving.
White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column. www.whitedalton.co.uk
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