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Title: Who's To Blame For Crash?

Date: 09 February 2011

Question

I was heading along a main road behind a lorry. The lorry was indicating to turn left into a side road, I had positioned myself on the right of my lane and could clearly see no oncoming traffic and nothing ahead in my lane, as the lorry was making its turn I moved over to give it more room as it made its turn and found myself face to face with a car that had made a right turn across a give way sign from the side road. The collision caused me to drop my ST1100 on its side. My bike was ridable and still passed an MOT. My solicitors feel that I am 80% at fault.
 
Do you agree?
 
Londonforge, MCN Legal Forum
 
Answer
 
I think the car driver should take most of the blame. A court is likely to find that you were partly to blame in not taking more care (ie, slowing down and keeping a safe distance behind the lorry) as you passed the junction. But the car driver must be more blameworthy for entering a major road from a minor road when it was unsafe to do so.
 
You might want to offer 75/25 in your favour. If it is a low value claim with minor injuries only, I would take 50/50 in negotiation (because anything could happen in front of a District Judge at trial).
 
I do not think that you should accept 80% of the blame. I would be able to be more specific if I see the police report/any witness statements/the road layout.

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