In the Motorcycling Manual, it is permissible to undertake traffic, but only if the traffic is slow moving in queues or signalling to turn right, or if the motorcyclist is turning left at a junction.
Liability in accidents involving a motorcyclist undertaking traffic are not clear cut and liability is often split between the parties for the simple fact that both parties will probably have been negligent in not keeping a proper look out for each other.
In the case of Fagan V Jeffers and the Motor Insurers Bureau the motorcyclist was travelling to the left of two lanes of traffic and collided with a vehicle which turned right across them. The vehicle was turning right through “Keep Clear” markings on the road.
It was held that both parties were equally to blame for the accident. The motorcyclist for failing to keep a proper look out for turning vehicles whilst performing a dangerous manoeuvre and the motorist as he should have been aware that there was sufficient room for a motorcyclist to travel on the left of the traffic.
As I said, it is not always clear who is at fault, or fully at fault for the accident.
The most common type of accident with motorcyclist undertaking is that of a vehicle turning left which will obviously cut across the path of any motorcyclist undertaking traffic. The Highway Code says that when performing any manoeuvre then the “mirror, signal and manoeuvre” rule applies.
Therefore drivers should, in these circumstances:
- Check their mirrors for other traffic, especially motorcyclists.
- Signal their intention to turn left
- Carry out the manoeuvre in a safe fashion
If you, as a motorcyclist have been involved in an accident where these have not been followed then, if injured, and more than likely you have, then you may be entitled to make a claim for personal injury.
Although liability for these types of accidents is not always straight forward, we are experts in the area of motorcycle injury claims and therefore have dealt with this type of accident over and over again. We are therefore able to get the best settlement for your claim that you deserve.
Whether you are the undertaking motorcyclist or the other road user in the incident, if you believe that the other party was at fault for your accident then contact us as soon as possible for independent advice on your accident and circumstances.
Our free claims line number is 0800 634 75 75
