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Re: ....I just didnt see you! because you didnt look!
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Bad luck on the smack. You may find they press for knock for knock or try to pin it totally on you at worst. Time to get a decent solicitor.
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CRM250AR - Riiiiinnng ding ding ding. |
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Re: ....I just didnt see you! because you didnt look!
You need to check out ( I think ) MCN or similar. It used to be the case that if you were filtering then you were unlikely to get much in compensation. However there was a change to case law a couple of years ago ( a new precedent set ) such that if it can be proven that you were (a) filtering responsibly and (b) the driver didn't look, then you should get full compensation.
Really I'd hunt down the MCN article ( it should be on their web site somewhere, failing that ask their legal department ), or get a proper motorcycling lawyer on the case. If I can dig out the details I'll post them up. All the best. |
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Re: ....I just didnt see you! because you didnt look!
Yeah I guessed it may end like that. Tbh its hard to say my speed my I know it definitly wasn't higher than 30. Enough for my knee to leave a hefty dent in her door though, but not hard enough to break it. Solicitors working on my injury and insurers on the rest. Still waiting to get a full damage report. Think its going to add up. Doesn't look to bad considering but theres lots of scrapes etc and I don't know if theres any lasting damage to forks etc
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Re: ....I just didnt see you! because you didnt look!
Blinx the highway code has been changed apparently to cover filtering (although I haven't read it) so it may be worth seeing what it says.
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The Growler - 2009 BMW F800 GS Prozac - Honda CB500 - my starter bike, great bike and better than any happy pills Marmite - Buell XB9S - Loved it then hated it cause it never worked in the rain Twinkletoes - Honda Transalp XL650V first trail bike, could only touch down with my tippy twinkletoes Betsi - BMW F650 GS, big thumper Florrie - Honda XRV 750 - in her new home in Lithuania Camping Forum BMW F650 UK Forum |
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Re: ....I just didnt see you! because you didnt look!
Here you go, according to this filtering is legal so you were performing a legal manoeuvre
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The Growler - 2009 BMW F800 GS Prozac - Honda CB500 - my starter bike, great bike and better than any happy pills Marmite - Buell XB9S - Loved it then hated it cause it never worked in the rain Twinkletoes - Honda Transalp XL650V first trail bike, could only touch down with my tippy twinkletoes Betsi - BMW F650 GS, big thumper Florrie - Honda XRV 750 - in her new home in Lithuania Camping Forum BMW F650 UK Forum |
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Re: ....I just didnt see you! because you didnt look!
Take 3 ...
Davis v Schrogin (Court of Appeal - 27 June 2006) Mr Schrogin was stuck in a traffic jam in his car on a straight road. Mr Davis was riding a motorcycle along the same road in the same direction and was able to overtake the stationary queue as nothing was coming in the opposite direction. Mr Schrogin decided to leave the queue by executing a U-turn. Although Mr Davis' motorcycle was visible, Mr Schrogin did not see him until his car collided with the motorbike. Mr Schrogin accepted in evidence that he was looking the wrong way. Mr Davis first saw Mr Schrogin's car moving towards the kerb in preparation for the u-turn and was no more than five cars' length back from the point of impact. The trial judge found Mr Schrogin negligent in making the u-turn without looking properly, and that Mr Davis was not to blame. Mr Schrogin argued that Mr Davis had accepted that he had paused to react and was contributory negligent. The Court of Appeal held that Mr Davis was so close to the point of impact that he could not have avoided the collision, so there was no basis for a finding of contributory negligence. Comment: In previous decisions, motorcyclists have borne in excess of 50% of liability. The Appeal Court's unwillingness to challenge the decision of the judge's finding confirms each case will be decided upon its own facts. |
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