Motorbike Overtaking Slow or Stationary Traffic – Who is at Fault?
If you want to know who is at fault when a motorcyclists overtakes a row of cars or vehicles and ends up in an accident you do not need to look anywhere else. The answer in this given scenario is ‘it depends’ but it is likely both will be liable to differing degrees of blame. The reason a straight answer cannot be given even by expert motorcycle solicitors is because each case will be different and decided on their own particular facts. Overtaking may also be described as ‘filtering’ or ‘weaving in and out of traffic’ Read on to get to know more.
What are the overtaking rules for motorcyclists?
The starting point is to know the rules. The Highway Code is always the starting point: motorcyclists overtaking – the Highway Code. Once you know the basics of these overtaking rules you will then be armed with informed knowledge of your legal stance in any case.
The Highway Code on overtaking is reproduced below but see bold and underlined the importance to motorcyclists given the green light to overtake, undertake and weave between stationary or slow moving traffic, but only with caution and it being safe to do so.
Before overtaking
- you should make sure the road is sufficiently clear ahead
- road users are not beginning to overtake you
- there is a suitable gap in front of the road user you plan to overtake.
Overtake only when it is safe and legal to do so. You should
not get too close to the vehicle you intend to overtake
use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out
not assume that you can simply follow a vehicle ahead which is overtaking; there may only be enough room for one vehicle
move quickly past the vehicle you are overtaking, once you have started to overtake. Allow plenty of room. Move back to the left as soon as you can but do not cut in
take extra care at night and in poor visibility when it is harder to judge speed and distance
give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road
only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so
stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left. Cyclists may pass slower moving or stationary traffic on their right or left and should proceed with caution as the driver may not be able to see you. Be careful about doing so, particularly on the approach to junctions, and especially when deciding whether it is safe to pass lorries or other large vehicle.Remember: Mirrors – Signal – Manoeuvre
The general rule is if a car, or motorcycle for that matter, pulls out of a side road onto a main road when attempting to turn right then they are at fault in part. You must give way to the traffic on the main road.
Is the motorcyclist also at fault? Answer is probably. The problem we have is that there is another dynamic at play, the motorcyclist is overtaking a line of stationary or slow moving traffic. When overtaking you must only do so when it is safe and importantly not to overtake at a road junction.
The likely result would be shared liability between the motorist and motorbike rider. How much each party is to blame however you need to read on as the case law at court will be an excellent guide.
What about case law decided by Courts on overtaking, weaving and filtering?
Solicitors will refer to the Highway Code but the code is not binding on the judge. The judge will determine blame on the facts.
A motorcyclist is more difficult to see on the road and when overtaking “out of sight” and “out of mind” especially to a motorist at a busy junction trying to pull out of a side road into a gap in the line of traffic. A brief opportunistic window appears, someone leaves a gap in the traffic or is “flashed” to come out. Rightly or wrongly the car pulls out, the motorcyclist does not see the car and vice versa, so the collision occurs. The Highway Code is persuasive but not binding on the Court.
- Motorbike overtakes stationary line of traffic and car pulls out of side road; the case of Powel v Moody a Court of Appeal decision in 1966 is always raised by a motorist’s insurance companies against the solicitors acting for the motorcyclist. Here the motorcyclist was overtaking slow moving or stationary vehicles on a main road (see picture graphic above). However from a side road a motorist was edging out into the main road, both vehicles collide. The motorcyclist was held to be 80% to blame for the accident (this is called ‘contributory negligence’ by solicitors). So if the compensation for the motorcyclist was £10,000 this will be reduced by 80% to £2,000.
- Motorist Performing a ‘U Turn’ – Davis v Schrogin (2006) involved a motorcycle overtaking a stationary traffic queue, and a car within the queue executed a U-turn, resulting in a collision. The driver was held 100% responsible for the accident as the motorcyclist had no time to react.
- Motorist Turns Right into Path of Motorcyclist – Pell v Moseley (2003) here an accident invovled a motorcycle overtaking a queue of traffic where a car decided last-minute to turn right into a field hosting a motorcycle event. The rider, aware of the event, was deemed contributory negligent, and liability was split 50/50.
- Motorist Turns Right, Hits Motorcyclist Overtaking Slow-moving Traffic – Hillman v Tompkins (1995), a motorcycle overtaking slow-moving traffic faced a car at an offside junction. The car, failing to notice the approaching motorcyclist, indicated a right turn, leading to a collision. The judgment assigned split liability 50/50, emphasising that both the car driver and the motorcyclist should anticipate each other’s actions
- Coach driver pulling out of side road – Turner v Woodham 2012 a motorcyclist was overtaking a stationary line of traffic whilst a coach driver was pulling out of a minor side road onto the main road. However the coach driver had various traffic obstructing her view in particular a stationary tractor and trailer. The judge was of the view due to the size of the coach the motorcyclist would have been able to see the coach edging out. The court found that the motorcyclist failed to adhere to the Highway Code and not exercise reasonable care for his own safety and that of others. The Judge ordered the coach driver to bear 70% liability and the motorcyclist 30% liability for his own injuries and losses as the coach driver would have waited longer for her view to clear.
- Motorbike undertaking and motorist turns right into path – Fagan v Jeffers (2005) – Where a motorcyclist was undertaking stationary traffic, an oncoming car made a right turn from the main road into a side road, resulting in a collision. Both parties were deemed equally responsible. The driver was assigned 50% of the blame, as they should have anticipated a motorcyclist approaching from the inside, and the motorcyclist also bore 50% of the responsibility.
- Van pulls out of a side road onto a main road: – Leeson v Bevis Transport (1972), where a motorcyclist collided with a van emerging from a side road. As in the case of Turner v Woodham both were held liable but here equal responsibility was assigned. The court acknowledged the legality of overtaking stationary vehicles but emphasised the need for effective lookout, while also holding the van driver accountable for not anticipating overtaking vehicles and motorcycles.
- Motorbike overtaking a wagon indicating left: In the 2007 case of Farley v Buckley, a motorcyclist attempted to pass a refuse wagon indicating a left turn. As the lorry couldn’t complete the turn due to a narrow side road and a waiting car, the motorcyclist, moving at 30 mph, overtook on the centre white line. Simultaneously, the car emerged, edging out less than 8 mph, resulting in a collision. The court attributed complete fault to the motorcyclist, citing excessive speed as reckless given the circumstances, including poor visibility to the left and the refuse wagon signalling a left turn.
- Petrol Tanker and motorcyclist. In the legal case Worsfold v Howe (1979), a car sought to turn right onto a main road from a side road. A petrol tanker had halted in the left lane a two lane road creating space for the car to advance. Unable to see around the tanker, the car driver cautiously moved forward across both lanes. Simultaneously, a motorcyclist, positioned in the right lane, overtook the petrol tanker, resulting in a collision with the car. The court assigned 50% fault to both parties. The motorcyclist’s excessive speed and surpassing the line of sight were considered contributing factors. It could be argued a Powel v Moody type of case but the distinction would be that the motorcyclist was not overtaking a long line of stationary traffic.
- Motorcyclist using wrong signal. The case of Wadsworth v Gillespie (1978), a car came to a stop at the white lines of a T-junction. The motorist observed an approaching motorcyclist. However, the motorcycle continued to display a left-hand indicator. Relying on this signal, the motorist proceeded onto the main road, resulting in a collision. The court assigned one-third of the fault to the motorcyclist for providing a misleading signal, and two-thirds of the fault to the car driver for presuming the motorcyclist’s intention to turn.
No Win, No Fee Bike Solicitors
Just on the handful of cases above demonstrates it is important to instruct the right motorbike solicitor. To learn more about our No Win, No Fee, No Worry advice service, visit our about us page. Whatever your situation, you will not have to worry about legal costs and instructing experienced and specialist solicitors.
What Are The Most Common Motorbike Accidents?
We, the motorbike accident solicitors, have below summarised the top four motorcycle accidents that riders will come across on the UK roads. All accident types will be either the fault of the motorcyclist or the motorist in full or in part. Each case will be very much dependent upon the facts of the case which is why it is important to instruct a motorbike solicitor to fight your corner.
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