Pedestrian hit by biker - biker trying to claim from pedestrian

mildred1978

DCodd wrote: »

This is not a controlled crossing (if the link supplied is correct). There seems to be a substantial straight of road prior to the junction and if, as the OP has suggested the left hand lane was clear when his wife started to cross then I can see no reason why a collission happened. Unless the OP's wife didn't look properly before crossing or the biker was speeding or pulled out of the stationery traffic waiting to turn right?

Where a crossing is not controlled the Pedestrian should follow the Green Cross code and the road user should be driving/riding appropriately for the conditions. The question is who did what.However, I would suggest it matters not whether the traffic lights were green or not as it is not a pedestrian controlled crossing?

Spot on.

The usual scenario for traffic on where there is a dedicated right turn would be 2 sets of lights. So the left land has a green light while the right has red.

Which light did your wife think was red, OP?

If the biker pulled out of the right lane into the left, which was actually on green, then it looks like it could be your wife's fault after all.

Tilt

adouglasmhor wrote: »

If there was any sugestion that he was speeding surely the police would have tried to prosecute?

Absolutely if there was evidence available but it appears there wasn't.

DCodd

mildred1978 wrote: »

Spot on.

The usual scenario for traffic on where there is a dedicated right turn would be 2 sets of lights. So the left land has a green light while the right has red.

Which light did your wife think was red, OP?

If the biker pulled out of the right lane into the left, which was actually on green, then it looks like it could be your wife's fault after all.

Depending on the circumstances. The biker should be aware that a pedestrian could be crossing if the biker has changed lanes but equally the pedestrian should make sure it is safe to cross.

Tilt

DCodd wrote: »

Depending on the circumstances. The biker should be aware that a pedestrian could be crossing if the biker has changed lanes but equally the pedestrian should make sure it is safe to cross.

First complete sensible post for some time here. This is exactly how the judge will see it. I think you will find that in the event of doubt who is at fault here when the police have stated there is no evidence to suggest either was, the judge will find it extremely hard to award in favour of the claimant.

Of course I could be wrong which is why I urge the OP to consult a solicitor.

Mindless_Clone

johnfarquhar74 wrote: »

Which are? Pregnancy doesn't make you stupid. Does the OP mention how close to term she was, even still, if they were large and slow I wouldn't imagine she'd put her own life and more importantly, her unborn baby's life at risk.

:rotfl: I beg to differ. Have you never heard of "pregnancy brain".

Not to mention that your centre of gravity shifts considerably, you're shape and size is different and, altogether you are slower. It may not seem relevant, but if it came to it, it's a case of whether the judge on the day thinks it is or not.



FWIW, OP, I think, Tilt is right and it's probably a good idea to get proper legal advice on this. I suspect it's a speculative claim and nothing will come from it (Imagine the headline in the papers - "man sues heavily pregnant women after mowing her down" ) but best to get the facts in place.
It might also be a good idea to get the medical report from the hospital she was taken to, and document if there was any losses involved (i.e. did she take any days off work) as a result of the incident. If necessary the threat of a counter-sue for losses/injury might make them back down.

Sgt_Pepper_2

Tilt wrote: »

The police report should say who did what and how. also, I would be surprised if the the junction was not covered by CCTV and that the police would of viewed it. But according to the OP the police have said 'no one was to blame' which I agree is strange as it leaves the possibility that some other factor caused the 'accident'. But the fact remains that to make a successful claim against the pedestrian will require evidence of some sort to show she was negligent. If the police report suggests she was then the biker is half way there but if not then the judge will obviously take into account what is in the report and any mitigating circumstances that may exist. Being heavily pregnant would certainly count as one.

Again, I suggest the OP consults a solicitor who specializes in road traffic insurance claims. Bickering amongst ourselves and expressing different opinions will not help the OP.

What do you base these opinions on?

Tilt

Sgt_Pepper wrote: »

What do you base these opinions on?

Experience. I used to deal with insurance claims when I was a car rental manager and have been in the court environment many times because of it.

Hoonercat

I can't fathom how the rider could have pulled out from traffic and hit to OP's wife. If he was in stationary traffic he should have checked over his shoulder before pulling into the other lane, rather than looking over his shoulder after the maneuver. But to have pulled out and them hit someone who had just started to cross the road he would have had to have been only a couple of car lengths back from the traffic lights and you would imagine that the lady would remember this. Speaking as a biker, you should always be aware at traffic light but even more so if there is a lane of stationary traffic.
Maybe he was approaching a short queue of traffic and looked over his shoulder while still moving, rather than pulling out from being stationary? But again, you would expect the lady to have noticed and remembered that, but she doesn't appear to have any idea where the bike came from.

Sgt_Pepper_2

Tilt wrote: »

Experience. I used to deal with insurance claims when I was a car rental manager and have been in the court environment many times because of it.

As in £750 charge not to repair a stone chip?

Tilt

Sgt_Pepper wrote: »

As in £750 charge not to repair a stone chip?

Sorry, not only do i think that is not of any relevance here, but i have no idea what you are talking about.