Motorcycle RTA - Pedestrian at fault, how do i recover costs?

lisyloo · 19 September 2018 at 7:00AM

Thanks onan. Yes I would use land registry at £3 and take a gander at their area/home (I mean virtually not Stalk them). That will give you an idea if they live in a derelict squat or a mansion in Chelsea.

Still don’t get the reluctance for insurer to pursue. That why I took an enforceable contract with an ombudsman rather than relying on no-win no fee who we all know cherry pick

kooli9 · 20 September 2018 at 10:58PM

angrycrow wrote: »

Not having a go at the op but he has now confirmed the pedestrian crossed 3 live lane's of traffic before being in a collision with op. Allowing an average lane width of 3.6m the pedestrian has crossed at least 10.8m before impact. Allowing a running speed of 10mph the pedestrian would have been visible in the road for at least 2.5 seconds.

At 30 mph it would take the op around 1 second to pass the truck if it were stationary which is rather implied by a pedestrian running in front of it. This leaves 1.5 seconds prior to undertaking the truck to see the pedestrian. This is best case timings and it is likely the pedestrian was in the road and there to be seen much longer hence the split liability.

Sorry but you really just pulling numbers out of thin air and make vague calculations. Does the length of the truck not matter? What about the angle they crossed the road?

The key thing your missing is no one can see through or around a HGV. I couldn't have seen them until they stepped out or it was perpendicular to them. Likewise they couldn't have seen me (possibly heard me though). The fault can only be with the pedestrian for crossing into my lane without observing me there

angrycrow · 21 September 2018 at 6:27AM

My advice that the case would likely settle 75 25 in the pedestrians favour is based on a couple of decades experience dealing with exactly this type of claim. If you know better I will except your superior knowledge.

The times were pulled out of thin air but represent the shortest length of time the pedestrian could have been in view based on what you told us. Reality is he was probably there to be seen for far longer with warning signs before he ran out that he was likely to do so.

I wish you luck with your likely frustrating and futile attempt to recover your losses from the pedestrian.

I do however genuinely wish you a speedy recovery.

Motorcycle RTA - Pedestrian at fault, how do i recover costs?

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