Claim Compensation Concussion Scarring: Collision Bike Car At Set Of Lights

UK solicitor explains who is responsible for a collision between a pedal bike and a car at a set of lights when the lights are showing amber

Pedal cyclist accident victim question

I was cycling to work in Manchester when I came to a set of traffic lights at a junction. I went through the traffic lights just as they turned to amber from green and was hit by a car on my right hand side. The driver had been waiting at the junction to cross and said he had gone through the lights on an amber light also.

As a result the car collided with the side of my bike and I was knocked off of my bike hitting my head on the road, I lost consciousness and was taken to hospital in an ambulance.

The driver of the vehicle did not sustain any injuries however I had to have staples in my forehead and I am left with a scar of approximately 3 centimetres.

My bike is no longer usable due to the damage and the driver’s vehicle was also damaged in the collision.

The police did attend the scene and said there was insufficient evidence to prosecute the driver as the he had said that he had passed through on an amber light as had I.

The car driver suggested that the accident was shared responsibility as we had both passed through the lights on amber.

The driver of the vehicle is trying to make me pay the excess for his car insurance as well as money towards the repair of her vehicle. As I was on a pedal bike I do not have any insurance and as this was in my eyes mutual responsibility for the accident I do not feel that I should be paying the driver anything as I already have to pay for a new bike.

I believe the lights have cameras on them and there is CCTV in the area.

How can I resolve this situation and legally do I have to pay for repair to the driver’s vehicle?

Can I claim any form of compensation for my injuries even though I was partly responsible for the accident?

Road traffic accident claims solicitor response

The accident in the way that you describe could not have happened without the traffic lights being at fault. You both could not have passed through the lights on an amber light only.

What is far more likely is that you passed through on an amber light as you indicated that the light had turned from green so the next light in sequence for UK lights is amber and then red.

The other lights could have turned from red to red/amber with the next colour in the sequence as green.

The significance of this is important as the Traffic Signs Regulations and General Directions 2002 Regulation 36(1) states that a red light means do not proceed beyond the stop line as does red/amber. A green light means you can proceed beyond the stop sign, an amber only light means that you should stop unless you are travelling too fast to stop safely when you can proceed through the lights.

It is therefore clear that you were entitled to proceed through the lights whereas the car driver was not able to lawfully do so.

This can be supported by the CCTV evidence and the camera evidence on the lights.

In any event the fact that the car collided with you suggests that the driver was not paying proper attention.

My view is that you do not have a liability whereas the car driver is responsible for paying for your concussion and scarring injuries and the cost of repair to your bicycle.

Even is a 50:50 was suggested you would still be entitled to 50% of your compensation, but I simply would not accept this liability settlement as in the absence of faulty lights it is impossible that both you and the other driver could have passed through the traffic lights both on an amber only light.

If you wish to claim compensation for your concussion and scarring injuries for a RTA in Manchester or elsewhere in the UK click road traffic accident claims solicitor.

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