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Ben Jones
Ben Jones, UK Lawyer
Category: UK Traffic Law
Satisfied Customers: 37
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a case which i am bringing to court, currently representing

Customer Question

I have a case which i am bringing to court, currently representing myself but want appoint a lawyer if they think I have a case. I hit a car which was pulling out of a minor road into my path on a main A road (national speed limit). From what I understand, since I had the right of way the burden of proof is on the other driver to prove I was either speeding or was in some other way negligent. The case is complicated slightly by the fact that she pulled out as the vehicle in front of me turned down the road she was pulling out of, so she says I was negligent for not slowing down enough. The vehicle in front of me was large and obscured the view. Also I think I can safely prove it was impossible for me to have been speeding or even going too fast for the situation. I was actually a long way behind the vehicle making the turn. The closest case to it I can find is Davis vs. Swinwood where the driver who pulled out was found to be 100% liable. She's now saying she didn't pull out on me and was already in the road (waiting to turn right) which muddies the water somewhat. I took a video recording of the damage after we pulled over, you can hear her say in the video that she thought it was safe to pull out and she didn't see me. My worry is I won't be allowed to submit that evidence. What do you think?
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
Are you charged with driving without due care?
Customer: replied 2 years ago.

Hi Jo,

Thank you for your reply.

I'm not charged with anything. I've raised a private claim against the other driver to try and get some of my money back and hopefully get it proved that she is 100% liable in order to get our insurance premiums back down, our premiums have since doubled and its now been a year since the collision..

The insurance companies wanted to call it 50/50 but they have been useless to be honest, they haven't even bothered to look at my video evidence.

We couldn't claim on the insurance at the time because of the dispute in liability so have lost out quite a lot. I have since sent a snippet of my evidence to the other drivers lawyer, it is a video of her admitting to pulling out in front of me, in it she says "I didn't see you, I thought it was safe to pull out". At the time of the accident however she told her insurance company that she didn't pull out in front of me but rather she was in the main road ahead of me the whole time. She also says in the video I was speeding and overtaking which begs the obvious question "how did she know I was speeding and overtaking if she was in the road in front of me the whole time waiting to turn". I couldn't have been speeding anyway as I was driving a fully loaded, 20 years old, 2.4 Litre, Steel backed, Ford Transit arb (tree surgery) truck and towing a 750kg chipper up an incline. I'd have to have broken one or 2 laws of physics to have been speeding.

From what I understand, if a driver pulls out from a give way sign into the path of another vehicle then the driver pulling out is at fault because their actions caused the collision, unless they can prove that the driver who hit them was driving carelessly. I know these things are all case specific but surely I must have a case here? The only complication I can see is the presence of the vehicle ahead of me. I was a long way behind a large blue van, as it slowed down to turn left I caught up to it (still not close enough to hit it as it went around the corner), as it got about half way round the corner, a car which had been sitting at the give way sign on the same road pulled out and stopped (to turn right immediately across a staggered junction). I hit my brakes but didn't stop in time so hit the back corner of her car. It was a main 60 mph A road (A272).

Her lawyers have sent me her defence which is fairly predictable, says I was driving too close, not paying attention, speeding etc. Her lawyer has said on the phone to me however they are prepared to "consider" my costs if I send them proof. Is that lawyer speak? Do they want to settle. Can the other driver be found to be driving without due care and attention in a private civil case? And then charged? Could she get points on her license? If so maybe I should aim a bit higher?

Expert:  Jo C. replied 2 years ago.
Not my area then.
I will see if I can find somebody who can help.