Why motorcyclists should take extra care when undertaking vehicles
Undertaking, though not explicitly illegal but can be dangerous and is strongly discouraged according to The Highway Code. The general guideline is to avoid overtaking on the left (that is ‘undertaking’) or switching to the left lane for overtaking.
There are exceptions, such as in slow-moving traffic where the left lane is moving faster, and undertaking is considered safer than weaving between lanes. Rule 267 and 268 of the Highway Code permits keeping up with left-lane traffic in congested conditions. This provides:
Rule 267
Do not overtake unless you are sure it is safe and legal to do so. Overtake only on the right. You should
- check your mirrors
- take time to judge the speeds correctly
- make sure that the lane you will be joining is sufficiently clear ahead and behind
- take a quick sideways glance into the blind spot area to verify the position of a vehicle that may have disappeared from your view in the mirror
- remember that traffic may be coming up behind you very quickly. Check all your mirrors carefully. Look out for motorcyclists. When it is safe to do so, signal in plenty of time, then move out
- ensure you do not cut in on the vehicle you have overtaken
- be especially careful at night and in poor visibility when it is harder to judge speed and distance.
Rule 268
Do not overtake on the left or move to a lane on your left to overtake. In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right. Do not weave in and out of lanes to overtake.
When can a motorcyclist undertake on the left?
Undertaking may be deemed appropriate during average speed checks or when the vehicle in front is making a right turn. Undertaking is cautioned against due to its potential dangers, especially at high speeds on motorways, causing unexpected swerving and distractions. Inappropriately undertaking could lead to a fixed penalty notice for careless driving, resulting in points on the license and a fine for minor offenses, with additional sanctions possible based on the severity of the offense.
Why a cyclist should take extra care when undertaking?
The obvious reason is because the cyclists are less easy to see, undertaking on the left side of a motorist is also often unexpected and indeed the cyclist will enter a blind spot and should the motorist change direction there may well be a collision. In the illustration above, the motorcyclist could be at fault when the motorist turns left into the side road. There will be various matters that the motorcyclist solicitors will look into and argue that the motorist did not check the side mirrors etc before making the manoeuvre.
In a real case, – Fagan v Jeffers (2005) 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.
No Win, No Fee Bike Solicitors
Just on the handful of cases above demonstrates it is important to instruct the right motorbike solicitor. To find out 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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