30mph side on into a car

[rossonza]

So, I've got a court case coming up soon and the guy that pulled out in front of me is claiming i was doing 30+ mph at point of impact.

How often would you say a biker and bike would come away without damage/personal injury from a crash at this speed?

I'd have thought i would have ended up over the bars, maybe broken legs if they caught the bars on the way over? and bike forks bent horrifically/dinged front wheel etc

Thanks

[rossonza]

insurance are sending someone along to help on the day i believe (barrister (‘Counsel’). (NOTE: this was also whilst traveling towards a red pedestrian crossing light with ped's crossing) and i would have had roughly 12 feet to stop).

I'm going to measure the distance from the junction (point of impact) to where the light controlled pedestrian crossing is.

[rossonza]

I actually didn't come off the bike, i stayed upright but the bike did end up on the side. I then carried on with my ride to work as neither i or the bike was damaged. Hopefully the judge will believe this.

[rossonza]

note i was filtering at the time. (i would never filter above 15mph regardless)

[rossonza]

Its a county court form for damages to the other drivers vehicle.

[rossonza]

the title of the thread was a typo and i was unable to edit it.

At end of the day I am going to be telling exactly what happened from my point of view. I have no witness, The claimant does. So from my point of view, the claimant and his company car insurance clearly believe the blame lies with me hence the claim for damages.

Loon,

Are you happy to accept a short/brief PM to more clearly explain the situation?


Thanks

[rossonza]

1. traveling on 40mph main road.

2. ahead of me is a queue of traffic on my side of the road (they were all stopped due to the pedestrian controlled traffic lights had been pressed and pedestrians were crossing)

3. I slow down (due to the traffic build up and red lights ahead of me)

4. i begin to filter passed the traffic towards the pedestrian controlled lights. (down to 15mph by now)

5. see car approach junction to my left, and cover brakes.

6. as im about to go past the closest car to the junction on the left (there was a gap between the first cars in the queue for the lights and the car im just about to pass) the driver pulls out directly across my path (be it at an angle shown in the 2nd photo below)

7. i hit the side of the car (at an angle due to his angle)

8. bike drops on floor, i stay standing.

9. push my bike over to the side of the road, exchange details. witness comes over and gives details to myself and the other driver. Continue my ride to work on my motorcycle.

10. witness has sided with the other driver claiming my speed was the cause of the accident.


Sorry if im not explaining this well, see below:

top view


Angle of road


Damage

[rossonza]

Yes, a camera will be purchased when i get my next bike up and running. purely for situations like this. I had actually only recently got a cheap camera from ebay a couple of weeks before. However i had taken my driving test that morning (passed with 2 minors) and decided not to bother strapping it to my helmet.

[rossonza]

Loon,

there's issues with the witness statements from the witness and the claimant which are substantial to say the least.

this is all being done through my insurers lawyers.

but if they are saying it was due to speed, which you've mentioned cant be measured easily then how can that be me "f**ked"



EDIT: OK that explains it. I just wonder why my insurance are chancing court if its so easily clear cut

[rossonza]

Thanks Loon, Appreciate the input

[rossonza]

outnumbered. Not a clue. they just asked if i was willing to go (its only a small amount for repairs (~3k) and no personal injury.

Perhaps my insurers think the complete opposite to loon. I still feel i am completely in the right, but i think most people involved in accidents always try to place blame on the other people involved.

[rossonza]

Today was a good day. Found 100% not at fault. Best result I could ask for.

It took 4 adjournments and a 5th adjournment request before the court said no to any more.

The claimant and his witness and his passenger failed to turn up to court.

However the judge told me that even if they turned up he believed my defense. And the claimant and witness' statements did not hold water.


Thanks for any input

[rossonza]

clen666 said:

Pleased it went well for you.

But, if you were travelling at ~15mph and saw the car approach the junction, why didn't you just stop?

He merged into the traffic I was filtering past at such an angle it appeared he was travelling the same direction as me. He then stopped. Then pulled out at a fast rate of speed to get across the busy junction before some pedestrian lights turned green again.