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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 1972
Experience:  Solicitor at BLM
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Hiya I had a question regarding a car incident, I was riding

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Hiya I had a question regarding a car incident, I was riding my bike, filtering through traffic. when a car coming out of a side lane crossed over me, and I hit them. (very light no damage to bike and only a scuff on the car where my wheel hit it) The passenger in the car was extremely aggressive towards me and refused to calm down while I was being civil trying to give him my number. And a witness gave his information to the people in the car. I am essentially asking in your opinion who's more at fault, since filtering is technically not illegal or nor legal, and whether the threatening presence of the passenger plays a part in an legal action?
JA: Where are you? It matters because laws vary by location.
Customer: United Kingdom
JA: What steps have you taken so far?
Customer: None, they have a number and a picture of the number plate, that's all.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No


Welcome to JA.

It appears the vehicle that emerged from the side road will be more at fault for the accident and the liability could up to 100% their fault. This is because the vehicle failed to keep a proper lookout before emerging from the side road.

Further given you are a cyclist you will be deemed a vulnerable road user and the highway codes states vehicles must take extra care to look out for cyclists before emerging from a side road because they could be filtering through traffic.

The link below states the rules the vehicle likely contravened,which helps your case

Do you understand what i have stated, if yes i will discuss the passenger's conduct?

Customer: replied 7 months ago.
I am a motorcyclist not a cyclist does that make a difference, other than that yes it makes sense.


The answer to your question is no it does not make a difference.

Customer: replied 7 months ago.
Ok brilliant, and what about the aggressiveness of the passenger when I was trying to be calm about it?

With regards ***** ***** passenger's conduct that will not have a bearing on who was more at fault for the incident. However it maybe something to bare in mind because if this went to court it is likely that person may likely crack under pressure given the person is gets irated really quickly.

I hope i have clarified the position if not please let me know

However if I have clarified the position please before you leave JA today please rate the assistance provided by clicking on the 5 stars button at the top of your screen as this will help improve the service given in future.Thanks
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Customer: replied 7 months ago.
I think you've helped me greatly yes, I wasn't sure if I was going to be blamed heavily and have no defence, but clearly they are more at fault then I realised, if they refuse to settle calmly and reasonably, I feel comfortable to take it to court

Your welcome.

Dont forget to study the highway code links below as it will help persuade the court that they were more at fault.