We would all like to do it – you sit in your car in a queue of traffic and envy the motorbike that is small enough to ride past you and glide down the centre of the road. And you bikers, you love to grin at us frustrated car drivers waiting miserably in the long queue of traffic!
Unfortunately, there are usually side roads from the congested main road with other motorists waiting to enter.
What usually happens is that the motorist edges out of the side road through a gap in the line of queuing traffic. He then pulls out further to join the road on the other side but doesn’t see you at the side of the cars and you haven’t seen him. You both collide.
The main ‘who ha’ is trying to establish who is to blame. The leading case for these types of accidents is Powell V Moody. In this case the motorist was inching his way out of a side road and the motorcyclist overtaking the line of stationary traffic, the judge held both parties partially to blame, he apportioned liability 80% to the motorcyclist and 20% to the driver pulling out of the side road. This was because overtaking a line of traffic was found to be very dangerous.
Other cases after the Powell case have followed very closely in its footsteps and a pattern as arose to find motorcyclist around 66-80% liable in these circumstances.
So…
If you are a motorcycle cleverly avoiding those long queues of traffic, be sure to be safe! The Highway Code states that motorcyclists should look out for pedestrians crossing between vehicles and vehicles emerging from junctions when overtaking stationary traffic. You should always take care and keep your speed low when filtering in slow moving traffic. If you do take unnecessary dangers you will be found around 66-80% to blame if an accident occurs.
