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The visitors was heavy, so I began overtaking utilizing an space of white diagonal stripes. I used to be determined to be on time as I hated my previous job. Regardless of it being a 50mph restrict, I wasn’t going that fast, i.e. round 45mph.
Up forward I may see a transit van begin to point out and swing out of the queue to do a U-turn. In my helmet I used to be saying ‘you cheeky git’ so I beeped my horn a number of occasions and flashed my headlight. The van driver appeared like he hesitated, so I assumed he had seen me and went to crack on. Nevertheless, he then simply swung out.
I managed to get on the brakes however couldn’t keep away from hitting him and smashed into the aspect of the van. Anyway, final week the matter went to trial and while I gained, the crusty previous decide stated I used to be 30% guilty for the accident due to my velocity; as a result of he stated I had time to see and react to the van; and since he stated I used to be overtaking on the stripes.
I’m not comfortable and have threatened to sue the decide. I have to stress the striped space was bordered by a damaged white line, i.e. not a stable line so legally I may journey there. What do you suppose?
Reply
You can not ‘sue’ the decide however you could possibly try to enchantment the choice if the decide has acquired it incorrect legally. If you wish to try this, the final rule is you could lodge your enchantment inside 21 days of the judgment.
Nevertheless, earlier than you go off on a frolic, it’s necessary to do not forget that each case turns by itself information, so the decide has decided after he has heard the entire proof. What I might say is that Rule 130 of the Freeway Code states: ‘If the realm is bordered by a damaged white line, you shouldn’t enter the realm until it’s crucial and you’ll see that it’s protected to take action.’
While I can observe what you probably did, it’s definitely controversial it wasn’t ‘crucial’ so that you can be overtaking utilizing the striped space. As well as, while not driving in extra of the velocity restrict, a decide could properly have been entitled to search out you have been driving ‘too quick within the circumstances’, i.e. overtaking stationary vehicles on the stripes; and that you just did not react in time to a hazard you had seen.
While it might be a bitter tablet to swallow, 70/30 in your favour appears like a good outcome in my opinion and interesting may simply price you some huge cash. Converse to your solicitor first earlier than heading down the enchantment path.
Andrew Prendergast
Extra Bikes January 2023
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