Overtaking when approaching a junction? Think twice

[T.C]

This case took place on the 12th of January, and is another example of why riders should avoid overtaking on the approach to a junction (even when that junction is on your left) and where there is a hatched area on the approach.

Rider was held to be 80% responsible for the cause of the crash.


VINCENT RINGE v EDEN SPRINGS (UK) LTD (2012)

[2012] EWHC 0014 (QB)

QBD (David Pittaway QC) 12/1/2012

PERSONAL INJURY - NEGLIGENCE - ROAD TRAFFIC

APPORTIONMENT : ARTICULATED VEHICLES : CONTRIBUTORY NEGLIGENCE : MOTORCYCLES : ROAD TRAFFIC ACCIDENTS : SPEEDING : COLLISION BETWEEN MOTORCYCLE AND VAN : VAN EMERGING ONTO MAIN CARRIAGEWAY WITHOUT SEEING MOTORCYCLE : LIABILITY OF BOTH DRIVERS

Although a van driver should not have emerged from a junction onto a main carriageway when he did not have a clear view of approaching traffic, a motorcyclist bore considerable responsibility for the resulting accident because he had been significantly exceeding the speed limit and had overtaken a lorry in an improper way immediately before the collision.

The court was required to determine liability in a claim for damages relating to personal injuries sustained by the claimant motorcyclist (R) in a road traffic accident involving a van driver (W) employed by the defendant company. R had been driving on a single carriageway with a 40 mph speed limit, on which the northbound and southbound carriageways were separated by a hatched area bordered by broken lines. R had overtaken an articulated lorry by driving in the hatched area. W had emerged from a junction onto the carriageway, intending to turn right. Once R had overtaken the lorry he saw W and began to brake, but he collided with W's offside door. R alleged that his speedometer had read 50 mph when he overtook the lorry. W claimed that the lorry had been approximately 60 metres away when he had emerged from the junction, and that he had thought that he had enough space to make his manoeuvre. Eyewitnesses gave evidence on R's speed prior to his braking. The court considered (i) W's liability; (ii) contributory negligence.

HELD: (1) W should have waited until he had a clear view of the road to his right before attempting to make his manoeuvre, Powell v Phillips (1972) 3 All ER 864 CA (Civ Div), Heaton v Herzog (2008) EWCA Civ 1636, (2009) RTR 30 and Farley v Buckley (2007) EWCA Civ 403, (2007) 104(21) LSG 27 considered. The size of the lorry was such that he did not have a clear view of approaching traffic, so was unable to see if any vehicle was overtaking the lorry (see paras 29, 32-35 of judgment). (2) R bore considerable responsibility for the accident: he was an experienced motorcyclist who was familiar with the road and with the type of traffic that usually travelled on it. R was aware that there were junctions and that the hatched area was not intended to be used as an overtaking lane. It was unnecessary for him to enter the hatched area to overtake, and it was not safe to do so. He breached the Highway Code when he overtook the lorry. Further, R was travelling at a speed significantly exceeding the speed limit. R's evidence that he had seen that he was travelling at 50 mph was not accepted, because he had shown afterwards that he had limited recollection of the accident. From the eyewitness evidence, it was probable that R was travelling at a speed of between 60 and 70 mph. Accordingly, contributory negligence was assessed as 80 per cent (paras 36-43).

Judgment for claimant in part
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Nick__C]

Interesting

How much do you think the excess speed contributed to the % of blame the motorcyclist received and how much because of the inappropriate maneuver (overtaking using hatched area) ?
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'02 GS 500.

[Jefr0]

That's a good case for some people to think, I see other riders doing it all the time and they are lucky to miss the third party pulling out from the left. Especially bad on Commerical Street in London for those that know, notorious for accidents there.

Lot's of things yelling out why he shouldn't have overtaken from what I can see on the case:

40mph limit, lorry doing 40mph, no need to overtake.

Lorry blocked view of sideroads from LHS so dangerous anyway.

He shouldnt have been in the position he was in but when overtaking, before going past the front of the vehicle you overtake you need to make sure the LHS is clear (look out for people pulling out)

I've learn't alot since commuting in to London, it's like the hazard perception test on steroids.

It's chaos everywhere, everyone in a rush and will pull out on you, will do the stupidiest thing and pedestrians will pop out of no where and cross the road looking the wrong way
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Rides: Honda XR 125 ('03) Honda CBR 600F ('91), Ducati 916 Biposto ('95)

[Paulington]

It's common sense anyway, you should never be overtaking anywhere near a junction.

You shouldn't overtake at any point where there is elevated risk, for example by junctions, zebra crossings and various others. It's just not worth it as eventually you'll miss something and pay for it, likely by hitting it!

Overtaking is something to be done only when you have a full and clear view of the road ahead and that you know beyond all reasonable doubt that it is safe for you to overtake. Any doubt, no matter how small, and you shouldn't bother.
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"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.

[T.C]

[Nick__C]

[Villers]

How do they substatiate the witnesses accounts of the estimated speed of the motorcycle? Do they take into account the ignorance of the public towards bikes and their absolute inability to judge a bike as travelling at any speed below 'he musta been flyin'?

Junctions are dangerous, hopefuly anyone throwing a leg over the bike will know that. I do hear people say things like 'if he pulls out on me its his fault' thinking the fact someone else has made a mistake cures all ills though and the case of 80% blame on the biker is indicative of the view the so-called 'law' has on this.


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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[Rogerborg]

Interesting stuff as always. The apportioning seems about right, it might even be seen to be a bit unfair to the van driver since any overtaking vehicle would have to be exceeding the speed limit and (from context) sneaking through in the "hatched" area.

I presume that they're talking about Rule 130 "white diagonal stripes or chevrons" rather than yellow hatching? I've never liked that much:

[crackfinder]

[crackfinder]

[iooi]

[Mikey3]

I'm in the middle of something very very similar.
However I was not speeding, witnesses have confirmed too,
The car began to turn into the left turn and I proceeded round it when a clio appeared from the side road.
The turning cars position and my position in the edge of my lane obstructed the clio's view of me, and assumed it was clear.
Apparently I touched the hatchings, I don't remember because I was so close to the line but may have been on it, but that is I believe all that they have to go by!
I hadn't long passed my test, so i learned early on DON'T overtake/pass at a junction.
Doesn't matter how right you are when you're on the floor.
Just want the claim to end now, its been going on for nearly a bloody year!
Wonder how it'll pan out..........
Mike
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'04 Yamaha WR450F
'99 SV650 Streetfighter Project - mid build
'Motorcycling is about what you do; not about what you own, or how much you spend on it'

[Pete.]

[Walloper]

Overtaking at or near junctions is attempted suicide.

I filter past motorway traffic when it's queuing/moving like treacle but I sober up near slip roads as it's where folk are looking/panicking for a last minute gap to get off and not interested in bikes (or considering much else found in the highway code).
There are advance warnings of junctions specifically to indicate to all road users that they are approaching a junction.
Too many folk ignore the signs, not simply because the signs become background I think it is more to do with the fact that they don't understand what the sign really means or worse that they don't care.

Now if the motorcylist was wearing a Hi-Vis Bib, was unable to modify his bike and etc. the accident probably would never have happened.
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W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[G]

Seems like a lot more than 'overtaking approaching a junction' but a whole catalogue of issues.
Filtering past anything moving very slowly/stationary you can't see past is always going to be risk for the 'pedestrian' factor, if nothing else (and yes, if it's on the motorway, but stationary there's definitely still that to consider!)

[Mikey3]

[G]

[Mikey3]

[Lupine Lacuna]

[Walloper]

The Police Rider's Handbook covers almost 100% of the important stuff concerning overtaking.
As for filtering through traffic, one must be aware of hazards as there are possibly more hazards in standing traffic than traffic that is flowing. Pedestrians use the slow traffic speed to cross, twats on bicycles and twats in cars, truck, white van etc change lane with or without warning. Buses are great places to find pedestrians 'lurking' behind. I slow to a crawl for those situations.
I hate when towns fence off the road and force pedestrians to use crossings but the fences are there to protect all road users from the dopey twats who don't know or care for road safety.
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W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[Mikey3]

[mistergixer]

[Mikey3]

[junglejim]

[T.C]