- Home
- Common Bike Accidents
- Common Motorbike Accident Claims - Overtaking
Common Motorbike Accident Claims - Overtaking
- By Motorbike Accident Injury
- Published 11 October 2008
- Common Bike Accidents
- Unrated
Motorbike Accident Injury
Hutcheon Solicitors is a Law Firm specialising in Motorbike Accident Injury Claims and legal protection for people with vulnerable circumstances in the UK
View all articles by Motorbike Accident Injury
Overtaking
Overtaking always involve an element of risk especially for a motorcyclist who is less visible and vulnerable on the road as compared to a motorist. Many accidents on the road involve an overtaking manoeuvre and as specialist motorcycle solicitors we receive a high proportion of injury claims ranging from relatively minor injuries to fatal. As specialist motorcycle solicitors we only see the victims after the accident. Whilst we can do nothing to change the events leading up to the accident, we can help deal with the legal, financial and emotional elements that follow a road accident.
Overtaking Motorcyclist hit by a car from a side road
The most common motorcycle accident we see as motorcycle and compensation solicitors is where the motorcyclist is overtaking a line of traffic on the main road, when suddenly a motor vehicle pulls out of a side road, attempting to turn right, causing an accident. Who is at fault?
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 motorcyclist 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.
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.
Equality of blame before the law
The Highway Code is taken into account in the Courts put it is not binding on the judge. The judge will determine blame of the facts of the case.
In the end 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.
Overtaking at Lane Dividers
Highway Code states that areas of diagonal stripes or chevrons painted on the road are there to separate traffic lanes or to protect traffic turning right.
· If it is boarded by broken white lines, you should not enter it unless it is necessary and you can see it is safe to do so.
· If it is marked by chevrons you MUST NOT enter it except in an emergency.
A Broken White Line.
This marks the centre of the road. When this line lengthens and the gaps shorten, it means that there is a hazard ahead. Do not cross it unless you can see the road is clear and wish to overtake or turn off.
Double White Lines Where The Line Nearest To You Is Broken.
This means you may cross the lines to overtake if it is safe, provided you can complete the manoeuvre before reaching a solid white line on your side. White direction arrows on the road indicate that you need to get back onto your side of the road.
Double White Lines Where The Line Nearest You Is Solid.
This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
Corner Or Bend, Hump Bridge Or Brow Of A Hill.
It can literally be fatal if a motorcyclist overtakes at a corner or bend, hump bridge or brow of a hill due to the conflict of sighting and obstruction A motorcycle user cannot be certain of what is round the corner and thus accidents of this kind are usually due to excessive speed and positioning on the road making it difficult to break, slow down or manoeuvre the motorcycle so as to avoid a accident.
Overtaking always involve an element of risk especially for a motorcyclist who is less visible and vulnerable on the road as compared to a motorist. Many accidents on the road involve an overtaking manoeuvre and as specialist motorcycle solicitors we receive a high proportion of injury claims ranging from relatively minor injuries to fatal. As specialist motorcycle solicitors we only see the victims after the accident. Whilst we can do nothing to change the events leading up to the accident, we can help deal with the legal, financial and emotional elements that follow a road accident.
Overtaking Motorcyclist hit by a car from a side road
The most common motorcycle accident we see as motorcycle and compensation solicitors is where the motorcyclist is overtaking a line of traffic on the main road, when suddenly a motor vehicle pulls out of a side road, attempting to turn right, causing an accident. Who is at fault?
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 motorcyclist 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.
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.
Equality of blame before the law
The Highway Code is taken into account in the Courts put it is not binding on the judge. The judge will determine blame of the facts of the case.
In the end 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.
Overtaking at Lane Dividers
Highway Code states that areas of diagonal stripes or chevrons painted on the road are there to separate traffic lanes or to protect traffic turning right.
· If it is boarded by broken white lines, you should not enter it unless it is necessary and you can see it is safe to do so.
· If it is marked by chevrons you MUST NOT enter it except in an emergency.
A Broken White Line.
This marks the centre of the road. When this line lengthens and the gaps shorten, it means that there is a hazard ahead. Do not cross it unless you can see the road is clear and wish to overtake or turn off.
Double White Lines Where The Line Nearest To You Is Broken.
This means you may cross the lines to overtake if it is safe, provided you can complete the manoeuvre before reaching a solid white line on your side. White direction arrows on the road indicate that you need to get back onto your side of the road.
Double White Lines Where The Line Nearest You Is Solid.
This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
Corner Or Bend, Hump Bridge Or Brow Of A Hill.
It can literally be fatal if a motorcyclist overtakes at a corner or bend, hump bridge or brow of a hill due to the conflict of sighting and obstruction A motorcycle user cannot be certain of what is round the corner and thus accidents of this kind are usually due to excessive speed and positioning on the road making it difficult to break, slow down or manoeuvre the motorcycle so as to avoid a accident.