Shaolinfist

Traffic accident - Liability

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Hello there, I was involved in an accident recently whilst riding my motorcycle home from work. I was doing about 50 in a 60 zone when a car pulled out of a car park from my left. The car pulled out completely across my lane and despite emergency braking I hit the rear door doing about 25. I was catapulted over the handlebars, over the roof of the car and onto the road with a broken leg. Now I saw the car before it even pulled out yet the police officer deemed the accident 50/50 responsibility saying I was partly to blame because A ) I was on the road and B ) the highway code says I should be travelling at a speed that allows me to stop if there is an obstruction. She also said because there was a slight curve in the road the car would not have had time to react despite the fact that I told her I could see the car before it even pulled out, therefore the car driver would have been able to see me if she were paying attention. These arguments are pathetic and I feel very let down by the police and helpless to do anything about it. I have a broken leg, a metal nail through my femur, a ruined motorbike and not enough money to replace it, massive insurance premiums, lost time at work and no justice. How can anyone in their right mind come to the conlusion this officer has? Is she trying to make her life easier by not having to do paperwork? Is there anything I can do about this injustice or am I just a victim of a broken system? When I complained the officer even had the gall to ask me how the other driver would feel if the blame was put on her. I feel disgusted really. I hope someone can offer me some hope in this grim situation.

Phil.

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It's not the job of police officers to proportion blame in that way. That's up to the insurance companies. The attending officer other than dealing with first aid prior to an ambulance attending is there to investigate the crash and consider motoring offences such as driving without due care and attention etc. 

The only thing I would be considering in your position would be contacting a solicitor. There are plenty of firms out there who deal with this type of thing and would give you better advice than a forum. 

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Sorry, what do you mean it's not for the police to apportion blame? Whilst I accept we don't play judge and jury, it's a basic police function to investigate collisions and it's something we've become exceptionally poor and very lazy at.

To the OP - this isn't the sole responsibility of a solicitor and/or your insurance company, although the latter will be able to give you really sound advice.

If you're not happy that this has been properly investigated (and in the circumstances as described I wouldn't be) then you need to take it further. There will be an admin function somewhere within every police force where collisions are recorded - the first thing to do is ask what investigation has taken place.

Edited by billysboots
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Thanks for the replies. It obviously is the police's job to proportion blame and that is exactly what the officer did. She went to the site, took some pictures, made some observations and declared it a 50/50 liability incident. And for ridiculous reasons like "we were both using the road so we are both at fault" and that "the highway code states I should be travelling at a speed which allows me to stop safely". The woman almost killed me. I saw her before she even pulled out and started beeping my horn and braking the second she started moving but she still pulled out completely across my lane. The officer states that the driver would not have had time to react because of a slight curve in the road despite the fact I was visible before the vehicle even moved. The investigation has been closed, I have written to her via email and her response was that "I appreciate that you are feeling aggrieved by my decision.  However that does not change the facts that I have put in my report, and I will not be taking this collision investigation any further against the driver of the car or yourself." My solicitor has confirmed that the officers decision will be taken into account when deciding liability. I dont know much about road traffic accidents but I feel a very poor job has been done by the police in this situation and I feel cheated. I also do not feel like a proper deterrent is being made for people like this driving carelessly and endangering lives. I am waiting to receive the police's documentation before proceding but it is playing heavy on my mind right now which is why I am reaching out for advice on the situation as my solicitor wont comment until they have seen the report. I however do no need to see the report, I was there I know what happened.

Phil

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Let's clear some things up. It is not the police's job to allocate blame as stated above using terms such as 50/50 that is related to the financial side which insurance companies deal with. As I already stated the police investigate offences and during an rtc more than one party could have committed an offence and those should all be investigated. My advice stands to seek the advice of a solicitor they will advise you on not only compensation but your right to challenge the decision made by the officer. They will only do this once they have the evidence supplied by the police. You have posted a topic requesting advice based on your version of events, advice you have stated your own solicitor won't give you without seeing the police report yet you expect forum members to be able to do this. We don't provide legal advice this is an ongoing case so can't be discussed any further as such the topic is locked and no further posts will be approved. 

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