The automobile was dealing with in direction of my route of journey, in a 60mph restrict, exterior a home. There was no road lighting. The automobile was a really grubby, darkish colored Ford Fiesta utilized by a visiting care employee who was coping with an aged affected person, at about six within the night final December.
I’ve solicitors however their recommendation is I ought to take an equal cut up of blame, based mostly on this evaluation. I ought to have been using slowly sufficient to cease for no matter was in my headlights. The automobile was there to be seen. The automobile was partially on the grass verge and there was loads of room for me to go.
Ought to I comply with this recommendation? There’s some huge cash using on this. This damage means I must retrain and get a brand new job. My spouse took images of the collision scene. What do you assume?
Reply
Doubtless, blame might be discovered in opposition to whoever parked the automobile. Your spouse’s images are actually useful. They clearly present a really grubby automobile (commonplace however related to any blame in your half as a result of the quantity plate and entrance lights have a coating of dust and their reflectiveness is clearly compromised) on an unlit rural highway. Prison regulation is wholly in your facet.
It’s unlawful to park in an unlit space the place there’s a pace restrict of greater than 30 mph except displaying parking lights. You will need to not park opposing the site visitors move besides in a correct parking bay – as a result of the rear of a automobile has reflectors, regardless of the pace restrict.
In case your case goes to courtroom, the defendant insurers must show that you just did one thing unsuitable sufficient to warrant the decide decreasing your declare. They’re alleging you’re partially guilty and so they “carry the burden of proof” or, in English, they have to present that your using your motorbike in the best way that you just did was each legally culpable and causative in a part of your accidents. So the decide must discover that you need to have anticipated an illegally parked, unlit automobile in a rural 60mph zone, and it was a hazard you need to have guarded in opposition to.
Nicely, it’s controversial however I feel fairly weak. The regulation doesn’t anticipate you to protect in opposition to all doable stupidity of different drivers. There’s a risk the decide would possibly discover you need to have ridden inside your headlight throw and whereas there aren’t any reported instances about this, I’ve performed a few trials on this very level. In a single, the decide lowered the declare by 20% and my lad additionally stated he had carried out a life saver earlier than he hit an unlit automobile however struggled to clarify why he took a glance over his shoulder. In one other, the decide dismissed all contributory negligence.
I settle for anecdote isn’t proof however this does show actual judges usually are not particularly interested in the argument that “I parked my soiled, darkish automobile, dealing with the unsuitable approach, unlit, on an unlit highway, at nighttime, with out parking or hazard lights on, however this accident is as a lot the motorcyclist’s fault as it’s mine” – it isn’t a beautiful line of defence.
The motive force of the automobile took a call to park illegally and negligently. You have been simply using your bike. Had the provide been 80/20 in your favour, then I might be moderately extra circumspect however I might press on, reject the provide and I might not be tempted to make a suggestion if I have been you which ones reductions your declare. I feel the almost definitely end result for you at trial is a flat-out win.
Andrew Dalton
RiDE Journal March 2023
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