Filtering question

[orangepeeleo]

Hi,

I have just seen a thread where there was an argument that someone shouldn't have been filtering when an accident was caused and was wondering if I can get some advice on a particular stretch of my commute.

https://i.imgur.com/TacMdDo.png

This road is always a car park in the morning and I filter right down the middle of the boxed markings. Bit worrying in the wet but I just take it extra easy when braking etc, there are sometimes cars doing u-turns here though, which I'm ultra observant about and looking at the right wheel of every car in front of me. If the worst was to happen though and a car did swing out in front could I get fucked over by insurers for riding do there??

The highway code seems a bit sketchy about it tbh

Areas of white diagonal stripes or chevrons painted on the road. These are to separate traffic lanes or to protect traffic turning right.

[Baffler186]

The fact that is says "should not...unless it's necessary AND you can see it's safe to do so". That is open to interpretation. My interpretation is: if traffic is queuing and I need to filter, then it IS necessary, so I regularly filter on these if it is safe (read: if there's not a wide load trundling towards me).

Re: the sold line. I see cars crossing these every day on the same patch of chevron-ing. Police have never stopped anyone that I have seen, obviously depends on the local area and if the coppers can be arsed?

In general I'd say fine, and already sounds like you're wary of u-turning vehicles. Go slow enough that you can stop quickly and it's no more unsafe than any other situation regardless of road markings.
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[Baffler186]

Sorry, didn't comment about the legalities re: insurance, because I don't know. Roger will tell you
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Current: 2009 SV650 S, 1990 Kawasaki GT550
Previous: 2009 CBF125, 1998 GSF600, 2004 FZ6 Fazer, 1978 CB400a Hondamatic

[DrSnoosnoo]

You're overtaking there, and it is perfectly legal to do so. While the driver MUST check his mirrors, and indicate his manoeuvre, they often don't. It is therefore your responsibility to keep yourself from being kersplatted.

I've been known, and often do, ride right out in the middle of the other lane when there's no oncoming traffic. There's a much greater chance of not getting knocked off by a U-turner because it gives that bit extra time to see it occurring.

TL;DR - always be prepared to stop when filtering, if someone turns into you as you are alongside them, you can't really avoid it.
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[davebike]

I would say
1 filtering on hatched areas is Legal but you are required to be very sure it safe I hold the speed down and be very aware of drivers who are lightly to turn or U turn

Other parties insures may use the hatched area as an excuse for their party's poor driving but it should go in your favour as long as you pace was appropriate A friend now Police instructor always said hatched area =less than 20mph if filtering
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[M-C]

Was it my (poor little ar$e) thread by any chance? If so the argument wasn't that I shouldn't have been filtering, it was that filtering is risky and some how that equates to liability (by that logic the bikers always guilty as bikes are 'risky').

Also I had the driver that took me out lying stating that traffic stopped for him, which was BS, but without video evidence or good witness statements I couldn't prove it.

Ignore the above if it wasn't In your situation you shouldn't enter that area (although I'd do exactly the same), and as mentioned above the other side of the road might be better, obviously if nothings coming the other way.

There was a case where a biker filtering down the wrong side of the road was taken out by a u-turning car and won, but that's rare, most filtering cases tend to go split liability.

Having been through a claim it does seem to be a bit of a lottery, depending on your solicitor, the bike hating coppers that attend the accident, how stubborn you're etc. What drove me mad was how little the highway code matters and how little personal responsibility people take.

tl;dr the bikers always wrong, mong cagers always have the right to be mongs

[Taught2BCauti...]

The two parts that are likely to give you the most problems in a worst case scenario...

"you should not enter the area unless it is necessary" could be interpreted that it would be necessary to enter the area in order to overtake, but also that it wasn't necessary to overtake, because you could have waited in the queue and been late for work, like everyone else.

"you can see that it is safe to do so" would only be true if no accident occurs - if an accident does occur, logically, you must have been able to see that it was unsafe to do so, otherwise it implies you were riding without due care and attention.

Having said that, Roger's answer will be much better than this.
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[andyscooter]

my accident was similer

the car was hidden by a van that pulled out but at the same point there is road markings the same

the polie involved called it dead mans alley

but there is no legal reason you cant ride in them if needed as long as they dont have a solid line
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[Nobby the Bastard]

That'll not be filtering, that'll be overtaking....
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[The Shaggy D.A.]

https://i.imgur.com/TacMdDo.png

That's the Bike Lane, that is.
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[Matt B]

I rode that road every day for about 18 months on a commute. I still do it at least once a week to go see my parents.

Most of the time I was sat in that central area overtaking the 45mph brigade on a good day, or the static lines of cars on a bad day.

If you are worried about overtaking/filtering then don't do it, or just keep your speed down. However, makes owning a bike a bit pointless if you don't.
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[Nobby the Bastard]

[Rogerborg]

[Matt B]

[orangepeeleo]

[DrDonnyBrago]

I filter along something similar every day.

Done it past piggies too and they either didn't care, or had such superhuman senses and driving ability they didn't notice.

[orangepeeleo]

[Matt B]

[mentalboy]

Biggest problem with using those bike lanes in heavy traffic is usually bikers coming the other way.
Legality - if it's good enough for the two wheeled blue light brigade (not flashing nor in any noticeable hurry - A35) then it's good enough for me.
Insurance-wise: Hahahahahaha, when did you last hear of an insurer, especially of bikes, who didn't try to wriggle out of making a payment??
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[M-C]

[The Shaggy D.A.]

[Rogerborg]

[M-C]

I hadn't seen the Beasley v Alexander one before so

Also not found any regarding parked cars joining a road which might have helped me.

One other note I found interesting in the Davis v Scrogin case was that there was no mention of how close he was to the stationary traffic, something that seems to often come up in regards to filtering.

Reading that last bit does annoys me:
The car driver was found at fault on a 100% basis because he had not checked to his right whilst carrying out his manoeuvre and if he had done he would have seen the motorcyclist. Also, the motorcyclist was so close to the point of impact that he did not have any time to avoid taking action.

That sounds familiar

[Rogerborg]

To be fair, a car had just passed him going the other way and so he was right to assume that nobody who mattered could have been overtaking him.
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