I was riding my motorcyle in London and filtering on the inside of a lane of traffic but in a bus lane. A car on the other side of the road turned right through a gap in the traffic and across me causing a collision. Can I claim?
This is a very tricky road traffic accident to analyse and appears very difficult from a bikers perspective. A lot of people think that just because it is “illegal” or “not permitted” for the biker to be in the bus lane then whatever happens he cannot claim. That is not correct in law.
Whilst it must be accepted that the rider is carrying out a dangerous manoeuvre and even one not permitted by law he can still claim in this scenario. It is not the case that he is precluded from claiming.
The driver turning across the traffic cannot just cut across the bus lane without ensuring it is safe to do so as it is to be expected that the lane may be used by taxis or cyclists. That driver should have checked there was nothing in the bus lane. In other words the biker was “there to be seen” so why did he not see him? Was he therefore negligent?
In this scenario unless there is any really convincing witness evidence to say that either party was driving too fast or grossly negligent for example, on a mobile phone, then the starting position would be that the most likely outcome in court would be a finding of 50-50. That means that both parties are likely to be held equally to blame and recover from each other’s insurers half of the value of their claim.
Good evidence of witnesses could however swing the liability either way so expert analysis and advice is essential.