If you are on your bike or scooter, trying to make headway through the traffic and you decide to undertake or filter on the inside lane, you need to make sure other road users don’t put themselves in danger by having to change course or speed up as a result of your manoeuvre.
The consequences for bikers and scooter owners involved in collisions while undertaking can be serious. Not only can you be held liable for damage to other vehicles and for injuries sustained by drivers and passengers, you may also be charged with road traffic offences like dangerous driving and driving without due care.
Every case depends on its facts. At RSS, we have represented motorcyclists for 20 years. We know that the effects of an accident can be devastating and long-lasting. That’s why we never treat any case as routine. Once you instruct us, we will immediately set out to identify all of the issues in your case and carry out extensive investigations to establish exactly what happened.
We will talk to the police, to witnesses, and to engineers and medical experts to safeguard any claim for compensation.
The following cases show that you can succeed:
BROOKS v. BURGESS 1996
- Lorry and bus on main road and travelling in opposite directions
- Both had stopped to allow a car to cross the main road
- Bike undertakes the bus at 20 mph and the car hits the bike
Court Decision: 50/50
RSS Says: Have to be honest – what a great result – We are not sure that we would have been so generous in the circumstances!
FAGAN v. JEFFERS 2005
- Both the car and the bike doing dangerous manoeuvres
- Car – turning right across 2 lanes of stationary traffic
- Bike – filtering up the inside of both lanes of stationary traffic
- Inevitable collision
Court Decision: 50/50
Car – driver should have noticed that there was enough space for a 2 wheeled vehicle to go up the inside and his view was obscured by vans – the Court thought that he could have been more careful
Bike – should have approached the junction with more caution and should have edged forward checking for any vehicles that may have been allowed across.
RSS Says: What a surprising result!!! The Court seems quite lenient in terms of the manoeuvre undertaken by the bike!
* Please remember that although these cases are precedents, each case is settled/decided upon its own unique set of circumstances and the evidence that is available.
Changing Your Solicitor
If you are unhappy with the advice you are receiving from your current lawyer, don’t be afraid to ask us to intervene. It’s quick and easy to transfer your case to us. We are completely independent of insurers and claims management companies and will defend your interests in every way we can.
If you have had an accident as a result of undertaking, we offer free consultations and encourage you to call in to us at any time if you need advice about any aspect of your case. Call 0208 246 4900 or contact us online.