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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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was filtering past stationary traffic on my left ahead of me

Resolved Question:

was filtering past stationary traffic on my left ahead of me was a car which had turned out of a junction to my right. But was stationary in the middle of road as could not get into traffic cue.as I carried on filtering and was just passing in front of said car at aprox 5mph the car drove forward very sharply as a gap appeard in the traffic into the side of my bike crushing my foot and breaking it. spun bike round and ended up in road faceing now 0ver 95 degrees to the direction I was traveling infront of said veicle was I to blame or motorist. have been told by police have a witness to accident from a driver who flashed her out. and she claims I drove into her. all damage is to right hand side of my bike none to the front... her damage from what I remember from impact would only be on front near side bumper and grill. none to wing as I felt her slam into the side of my bike. I am at present under the hospital and have been told will be off work for a minimum of six weeks. the fracture of my foot not a major problem at this point but doctor is very worried about tishue damage and am in my second temp casting due to swelling not going down foot also blackening and skin splitting from swelling.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Just to be clear the independent witness says that it is your fault ?

Customer:

dont know just got told he was a witness...cannot call him independant as aparently he admitted to flashing the other veicle out......the police informed me that others told them at the seen that i was traveling slowly..the officer told me this in the ambulance when she was taking my statement.

Alex Watts : Ok. What is it you would like to know? Whether you have a personal Injury claim?
Customer:

yes i will be and am i correct i assuming I was not at fault as my speed was aprox 5 to 7 mph and i had just filterd sum 4 miles as town was gridlocked due to A12 been shut and all traffic trying to come though. and car was stationary half way across road in right hand turn lane for my directional flow of traffic. there was aprox a 4 foot gap between stationary car and traffic cue and i was infront befor it moved to try to get into the flow of trafic on my side of the carigeway

Customer:

she also stated to the police that she never saw me and i had my main beam on. and my motorsycle head light higher than car headlights so should of almost been dazzling her as i aproached and she side ways on to me

Alex Watts :

Were you going between traffic or in lane please?

Customer:

between traffic down the outside of traffic stationary to the left hand side of me.and traffic stationary coming to wards me. after a keep left bolard the road widens for any trafic to turn right going in the same direction im traveling so they can pull over to the right to keep my lane flowing this is where the car was sitting after pulling out from a junction on my right hand side. blocking of the cheverones for any trafic wishing to turn right into the junction she came out. its not there for a half way cross over for the direction she was coming from.its for cars to pull into if wishing to turn right into the junction she came out of.

Customer:

if you go to google maps and zoom in at the junction of water house lane and Bilton road Chelmsrord Essex. it gives an excelent picture of the junction and road markings..I was traveling down the hill with Bilton road to my right

Customer:

i was traveling along the white line

Customer:

at apox 5 to 7 mph

Alex Watts : Yes, it's bad news I am afraid. If you want to bring a personal injury claim you need to show on balance that the other driver was at fault.
Alex Watts : The difficulty you have is twofold.
Alex Watts : 1) You were going in between traffic - this is generally not considered to be safe by many Judges
Alex Watts : 2) There is a witness who says you are fault
Alex Watts : You could still bring a claim but you would not be able to get a no win no fee SolicitOr.
Alex Watts : A Solicitor would get a Barristers advice and given there is a witness who thinks you are at fault, rightly or wrongly, then your claim is likely to fail.
Alex Watts : You could still find this yourself, but the costs would be in the region of £10,000
Alex Watts : But sadly no win no fee would not be available because of this independent witness
Alex Watts : In court if you had a witness you would be better. But it is 2 against 1
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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