Motorists beware...The police will almost always assume the car accident was your fault.
It is widely reported that the cycling death toll is at a five year high. This is reflected in the sharp rise in prosecutions of motorists for causing death by careless or dangerous driving. At any one time, I found myself defending a number of motorists who has been involved in a nightmare scenario in which a cyclist has died.
Sometimes it will have been the fault of the motorist. Usually the mistake will have been a momentary lapse in concentration resulting in the cyclist not being seen resulting in truly dreadful consequences for everybody.
The current wave of publicity is very much anti motorist. A closer inspection of the facts of these accidents shows very clearly that the cyclist, regrettably, in a large number of cases have caused the accident.
The fact is that cyclists are just as entitled to use the road as car drivers. Motorists owe a huge duty of care to pedestrians and cyclist alike. This cannot however absolve cyclists of their own duty of care not just to other road users but to themselves.
Car Accident, who is really at fault?
I recently defended in a case where a cyclist was hit from behind by a lorry. He was riding at night on an unlit road. He had no light on the bike, no reflectors, a black top and camouflage trousers. He was over the drink drive limit and had illegal drugs on his body. The police had received a number of calls from the police saying the cyclist was going to get himself killed.
My client was the unlucky one who collided with him and he died. Result...charged by the police as being the drivers fault!
I am pleased to say that after much hard work I was able to ensure she was found not guilty. The reality was she should never have been charged. This is a cautionary example of how the police will try to pin it on the motorist no matter how little care was taken by the cyclist.