Motorcycle Filtering Slow Traffic V Van Pulled Right To Park On The Pavement?

[Autowrecker]

I was filtering slow moving traffic about 10mph when a van turned right into my path so he could park half on half off the pavement alongside double yellow lines, now since I was doing little more than the van I had managed to swerve, brake and stop and as I put my foot down the van continued his manoeuvre as he didn’t know I was there and knocked me over, I laid with the bike trapping my right ankle and needed medical attention. They claim I was at fault as he checked his mirrors and indicated right to pull in the yard, however there was no indicator and he had passed the yard by about 25 yards. I have photos of the van illegally parked and photos of the bike with no scratches as it was not moving. My 3rd insurance is the same insurance of the van driver which had no damage and my solicitor has seemed to be not willing to fight the case so I’m looking for your opinion on the situation?

[jno]

any witnesses?

[Davemano]

Was the van going the same direction as you, and in front of a vehicle which you were filtering past. Was this a 'one way street' and were you on the kerbside. Did it hit the car you were passing. This seem a bit difficult to picture without the road layout.

[Old_Geezer]

Difficult trying to picture this.

Was it "a van turned, right into my path" or "a van turned right, into my path" ?

If you were doing more than the van were you undertaking ?

"Passed the yard" ?

I'm no law expert, just giving an opinion, but I'd reckon you'd really need witnesses or what happened is one person's word against another. Which maybe is why your solicitor sees insufficient chance of success.

The illegal parking thing looks to be a separate issue to me.

[ToraToraTora]

I'd say knock for knock on that one. You are filtering down the right hand side of a line of traffic. He pulls out to the right, he should have looked but similarly you are on the wrong side of the road and owe a duty of care to look at what the traffic is doing on your left. Where he ended up parking is irrelevant. PS I am a motorcyclist and do this all the time. When filtering past a line of traffic get over as far to the right as the conditions will allow, ie if there is nothing coming the other way get over almost to the kerb then look down the traffic queue and judge the "body language" of the traffic. Look for turnings on the right that an impatient driver may suddenly decide to turn into etc. In this case it looks like the van driver just wanted to park on the opposite side of the road facing the wrong way for the traffic. Tough one to anticipate but you have to take some responsibility for not having to queue with the other traffic.

[Autowrecker]

Sorry I should have been more specific, I was travelling down a normal street (1 lane in each direction) I was travelling behind a van that had passed his yard (2 yards the one he passed and another up the road) when he was driving slowly about 10mph, I moved over to the right to see why he was moving slowly but the road ahead was clear so as he moved over to the left as if he was about to stop (although no indication was given) so I chose to filter past ( on a bright yellow bike with headlight on) but as I was along side him he swerves right forcing me to also swerve right but I managed to stop (due to me been aware of my surroundings) after putting my foot down when stopped the van continued his manoeuvre and then hit me knocking me over trapping my right ankle. But it seems me doing what a motorcyclist is allowed to do (filter past slow moving traffic if it’s safe to do so, clear road ahead with no junctions crossings etc) is in the wrong. But a driver changing direction without indication or using mirrors to illegally park seems ok? How I see it if he wasn’t parking illegally he would not have been travelling so slowly I wouldn’t have passed him and he wouldn’t have crossed the road in which I was travelling, I just don’t see how he has not been held responsible for his driving without due care an attention?

[ToraToraTora]

ok that's clearer. The whole parking thing is irrelevant, you cannot base a defence on your opinion of his intentions or even the final result of his intentions, ie becoming illegally parked. So we are left with the van turning right as you are filtering. So you are going at 10 and he did not signal, they are good things for you but what is bad is that you seem to describe what the guy is doing and then do not account for it yourself in your riding and also that they claim they were signalling. I'm coming down perhaps more 70/30 in your favour now but really, get knock for knock if you can.

[ToraToraTora]

scroll down to "filtering", 2 cases on fault one not.
https://www.accesslegalsolicitors.co.uk/personal-injury/personal-injury-guides/motorbike-liability
Fault hinges on speed of filtering and the signalling or not of the subject vehicle.