Words not War – A Filtering Case Study

By Fergus Dalgarno, Head of Motorcyclist Team

 

Sometimes in a filtering incident the biker may share a lot of the blame – it happens, accidents happen. When they do it’s important to have a specialist biker lawyer at your back who knows how to get you the most compensation possible.

For example, we once acted for a biker in Cheshire who suffered serious injuries following an accident. He went to ride past a large van that was turning left and as he passed the van a car pulled out of the junction, causing a big collision. Neither the car driver nor the bike rider could see each other because of the van, so nobody took any blame there. However, our rider was moving well over the speed limit at the time and he entered an area with poor visibility, and at such a speed that he’d have no time to react in an emergency. On the other hand, the car driver pulled out in front of the van without any knowledge of who might be passing.

So where does the blame lie here?

The speed of our biker was a big factor against our case, and that means on a bad day in Court we could have very feasibly walked out with no damages whatsoever. A lot of insurers and solicitors would have told our client this was the inevitable outcome.

Our decades of experience as specialist biker lawyers told us to take a different tack; however, we instead negotiated an out of Court financial settlement which was silent on liability, meaning blame wasn’t placed on anybody.

This could have gone very differently – and much worse – for our client if they’d used a solicitor who hadn’t dealt with 100s of filtering accidents in the past.

At McHale & Co, we have specialist personal injury solicitors who can assist with your claim on a no win no fee basis no matter how complex the case is. If you have been injured whilst riding your bike, speak to one of our specialist bike lawyers today on 0161 928 3848 or email mch@mchaleandco.co.uk

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