Q Can I claim for crashed car blocking carriageway?

Motorcycle Accident Solicitors

Two years ago I was riding my Triumph home from work along a main A-road. The road is mainly a single carriageway, but at certain points forms a dual carriageway to allow for overtaking.

At the start of a dual carriageway section, I moved into the right-hand lane to overtake the slower-moving traffic. I was riding around a sweeping bend when I was confronted with a car that had crashed into the central reservation and was blocking my lane. Unfortunately, the left hand lane was full with traffic and I was travelling at 60mph so I attempted to brake. I cut my speed significantly, but it was not enough. I sustained very serious injuries, but have been reluctant to bring a claim as I was worried I’d be found at fault for not being able to stop. Alex, Dover

A It remains unclear what exactly caused your collision and you’ll need a police report and witness statements. If it becomes apparent that the driver of the car blocking the right lane was to blame for his own crash, then you may be able to successfully bring a claim

‘It is likely you will be found partly negligent’

against him. However, it is likely you will be found to be partly negligent. It will be argued that you were travelling too fast around what sounds like a blind bend. In your favour is the fact it is a dual carriageway and the right-hand lane is for overtaking so it is not as foreseeable that there would be something blocking your progress.