Right of way

[tackleberry]

Hi, I was overtaking a courier van and a bin lorry pulled out of a side road (left hand side and crossing our lane to turn right) and we collide, the courier van didn't stop and there are no witnesses except a drivers mate who backs up the driver ofcourse. No he's claiming i said i didn't see him and blaming me on the whole accident saying i was speeding and not driving with due care and attention. At the scene I ask the police to write a report and they refused saying there's no-one hurt and it's basically to much paper work, let the insurance companies sort it out. Later I was found to have a broken wrist at the hospital. I have now filed to go to court but my solictor can't seem to find a case study to support this kind of accident.

From my point of view the driver went through clear giveway markings and it shouldn't matter if i was over taking or not but I've also been told I shouldn't have been over taking a junction. There was no signs though to warn me of the junction and I have gone down and taken messurements and took pictures to varify this.

Does anyone know who is to blame here or what I could use to help my case? I already have my advanced mortorcycle certificate that I am hoping will show I am of a reasonible standard and used to handling my motorcycle in a controlled manor.

Thanks for your time.
Chris

[Golf38]

This is a fairly classic accident. Firsty, you need to contact the police and report it as an injury collision as this needs to be reported on paper now.

The police were quite right first time round, damage only collisions are NOT recorded unless there is very obvious road traffic offences.

In this instance it is likley to be 50/50.

Yes, the truck driver should have given way - but, another determining factor is that you were on the wrong side of the carriageway. Overtaking on the approach to a junction is always a bit iffy.

Without witnesses a prosecution is not likley to be very forthcoming, and even in the civil court apportioning blame is going to be difficult.

[R1Geezer]

Yep as above this is a 50/50 situation. As a biker though mate you have to be aware of this sort of situation especially overtaking when hazard white lines are there. It's one of those things that I'm always dead carful about because it bl00dy well hurts! How long have you been riding? When there are hazards on the road, then you must actually be able to see the junction before passing it. If there is a van in the way, go no further than the van and look left. That's abit of abvance biker stuff, oddly enough from plod!

[Cockney_si]

The white lines in the midle of the road signify when there are hazards ahead like junctions.

Highway code item 106 on this page explains

http://www.ukmotorists.com/highway%20code.asp? s=Lines%20and%20lane%20markings%20in%20the%20r oad

[tackleberry]

Hi thanks for your responses, and for those happy to beat on me for not paying attention there was no white lines in the road, and no harzard markings. As i said there was nothing from my veiw (with or without the van there) to tell me there was a junction there until i drew level with the van and could see to the left and saw the lorry by which time it was too late for me to stop in time. And i've been riding for 4 years, mainly a cbr9 although the accident was on my zx6r.