How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Anthony Chendo Your Own Question
Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 834
Experience:  Solicitor at BLM
106282438
Type Your Law Question Here...
Anthony Chendo is online now

Hiya I had a question regarding a car incident, I was riding

This answer was rated:

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

Hello

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

https://www.highwaycodeuk.co.uk/road-junctions.html

https://www.highwaycodeuk.co.uk/motorcyclists-and-cyclists.html

 

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

Customer: replied 4 days ago.
I am a motorcyclist not a cyclist does that make a difference, other than that yes it makes sense.

Hello

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

Customer: replied 4 days ago.
Ok brilliant, and what about the aggressiveness of the passenger when I was trying to be calm about it?

With regards to the 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
Anthony Chendo and other Law Specialists are ready to help you
Customer: replied 4 days 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.

https://www.highwaycodeuk.co.uk/motorcyclists-and-cyclists.html

https://www.highwaycodeuk.co.uk/road-junctions.html