The Highway Code gives guidance to those being overtaken.
Rules 168-169 say that:
‘When being overtaken – if a driver tries to overtake you, maintain a steady course and speed, slowing down if necessary to let the vehicle pass. Speeding up or driving unpredictably while someone is overtaking you is dangerous.’
‘Do not hold up a long queue of traffic, especially if you are driving a large or slow moving vehicle. Check your mirrors frequently and if necessary, pull in were safe to do so and let traffic pass.’
Should the driver being overtaken help the driver overtaking?
In the case of Smith V Gribben, Gribben sought to overtake Smith before two lanes merged to one, the manoeuvre was not complete and she lost control of her vehicle and collided with oncoming traffic. She claimed that Smith had sped up, preventing her from overtaking in time.
The judge dismissed the claim that the Smith had sped up but held that there was negligence for not slowing down to allow Gribben to come back onto the correct side of the road in time. He held Smith 25% to blame for the car accident claim. On appeal Smith was found 100% not to blame.
Overtaken drivers who accelerate to avoid being overtaken:
In the case of Ogden & Chadwick V Barber & Higgs, one claimant attempted to overtake the defendant who prevented him from doing so by accelerating.
The claimant then tried to overtake again but was unable to as the Defendant again sped up however, the claimant was then unable to get back in behind the Defendant because he slowed down as well. The Claimant was forced to stay on the wrong side of the road over the brown of a hill round a slight bend and as a result he collided with a further claimant coming in the opposite direction.
The courts held the Defendant who drove dangerously in preventing the first Claimant to pass 80% to blame for the accident. And the Claimant overtaking 20% to blame.
The decision was upheld upon appeal but it was hinted that in other similar cases, a judge may award the over taker a higher apportionment of blame.
Conclusion
Whenever overtaking you must always take into consideration the rules of the highway code, and if you are found to have manoeuvred irresponsible or on the other hand as a driver being overtaken, driven dangerously, you will found partially at fault for any collision which occurs. Apportionment of blame will be decided by the court of an agreement can not be reached by the parties.
