Overtake Traffic

Motorcycle v Car

Motorcycle Overtakes Stationary Line of Traffic – Car Pulls Out Of Side Road

Common Motorcycle Accident Solicitors Examples

The starting point in layman’s terms is to look at the Highway Code. 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 they are at fault. You must give way to the traffic on the main road.

Therefore it is a straight forward conclusion that in the above scenario the motorcyclist is not at fault. Wrong. The problem we have is that there is another dynamic at play, the motorcycle rider 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.  Who is to blame?  See motorbike sketch plans below and read on.

Motorcycle Overtakes Stationary Line of Traffic – Car Pulls Out Of Side Road

Motorcycle Accident Alternative View

Copyright R J Hutcheon Solicitors Motorbike Accident Solicitors Sketch Plans Courtesy of Accident Sketch.Com

A motorcyclist is more difficult to see on the road and when overtaking at a junction is even more “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.

Motorbike v Car – The Court Says 50:50 Share Of Blame (Powel v Moody)

Solicitors will refer to The Highway Code but the Code is not binding on the judge. The judge will determine blame of the facts of the case. The case of Powel v Moody is such situations is always raised by the motorist’s insurance company against the solicitors acting for the motorcycle accident solicitors.

In the end Solicitors acting for both parties have put themselves in a position where they find it difficult to see each other which is why the accident happens. The Courts therefore tends to rule that both parties are equally at fault. The Judge will apportion blame on a 50/50 basis which means that the motorcyclist and motorist will have their compensation reduced by 50%. If there is a claim and counterclaim, both will forfeit their no claims discount as well as the insurance excess.

Motorbike Accident Compensation Service

 To learn more about the Motorbike Accident Compensation Service from R. James Hutcheon Solicitors please either speak with one of our specialist motorcycle injury and accident advisors on  0800 011 2757 or 0151 724 7121 now or complete a contact form and we will call you back within the hour or at the time specified on the form.

No Win No Fee Bike Solicitors

To find out more about our No Win, No Fee Solicitor advice service click on this link.  Whatever the situation you will not have to worry about legal costs and instructing experienced and specialist motorbike solicitors

Contact us 0800 011 2757 or 0151 724 7121

Call the motorbike accident solicitors on 0800 011 2757 or 0151 724 7121 or complete our Contact Form
and we will call you back within the hour or at the time specified on the form.

R James Hutcheon Solicitors
Pioneer House
Warburton Hey
L35 4LF

T: 0800 011 2757
T: 0151 724 7121

Posted: June 6, 2015 at 8:04 pm