Motorbike injury claims – filtering through traffic

First published by Admin on August 23, 2016 in the following categories: Bike Safety and tagged with injury claims

Being able to filter through traffic is one of the advantages that riding a motorbike offer. However, it can be dangerous when it is not done safely by riders, or (more commonly) where drivers are not paying enough attention and hit a legally filtering motorcyclist.

Drivers can fail to see bikes at the best of times, so when filtering, drivers often find it even harder to see bikes. The Highway Code addresses it and says:

“It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of a junction, at roundabouts, overtaking you or filtering through traffic.”

It’s always worth remembering that filtering is legal and the Highway Code rules for motorcyclists state “when filtering in slow-moving traffic, take care and keep your speed low”. Motorbikes can filter safely but accidents do still occur.

Who’s at fault when an accident happens?

If you are legally filtering through traffic then it is the responsibility of other drivers to make sure they do not change lanes or attempt a manoeuvre in a way that will cause a collision with a rider. Common scenarios include where a driver gets impatient in traffic and suddenly moves out to do a u-turn and hits a rider, or where drivers turn in to new roads without checking for filtering bikers.

Other outcomes…

There can be other outcomes where riders are found to be partly to blame though. This doesn’t stop a person claiming, but it may reduce the level of compensation they’re awarded.

In the case of Worsford v Howe the motorcyclist was found to be 50% at fault, as well as in the case of Leeson v Bevis Transport where the motorcyclist was also found to be at equal fault for the collision.

However, there are cases where the motorcyclist has not been found equally liable. In the case of Higgins v Johnson the court found the motorcyclist only 25% to blame.

In the landmark case of Davis v Schrogrin the car driver was found completely at fault.

Motorcycle accident claims

If you have been in a motorcycle accident while weaving through traffic then you can be entitled to compensation. Filtering is not illegal, as stated in the Highway Code, and drivers do have a duty to watch out for anyone riding a motorbike.

At the Motorbike Injury Lawyers we specialise in motorbike injuries. We have dealt with many cases of serious motorbike injury cases.

We understand that motorcycle accidents can result in a range of injuries, and we will do all we can to ensure that you get the correct legal advice.

If you have been injured in a motorcycle accident and think you have a case, we urge you to contact us. If we think you have a case we can get you the compensation that you deserve.

The content of this post/page was considered accurate at the time of the original posting and/or at the time of any posted revision. The content of this page may, therefore, be out of date. The information contained within this page does not constitute legal advice. Any reliance you place on the information contained within this page is done so at your own risk.