Overtaking accidents – Motorbike compensation claims

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Overtaking accidents – Motorbike compensation claims

Motorcyclists are completely entitled by law to filter in and out of traffic, and overtake vehicles so long as it is safe to do so. However, motorcyclists’ overtaking is one of the more common ways in which motorbike accidents occur.

In this article, we’ll take a quick look at how motorbike accidents involving overtaking can occur, and where the blame lies.

As specialist Motorbike Injury Lawyers, we’ve helped plenty of people in these sorts of circumstances in the past.

Overtaking a car turning right

This is probably the most common scenario – when a motorcyclist is overtaking a vehicle that then turns right to go in to a new road, or perhaps turns right to perform a u-turn.

The car driver must only perform the right-turn manoeuvre where it is safe to do so. The usual “mirror, signal, manoeuvre” should always apply, and it’s completely down to the driver to check their mirrors, and only complete the move if it is clear to do so.

Normally, in this scenario, it will be the car driver at fault.

Overtaking and changing lanes

This is fairly self explanatory, and similar to the above. It’s all about being safe and using the standard “mirror, signal, manoeuvre” technique.

If a driver wants to change lanes then it’s their responsibility to check to make sure the lane is clear. The onus to wait is really on the person changing lanes, so if a driver changes lanes and hits a motorcyclist overtaking in another lane, the car driver should be squarely to blame.

Overtaking when another car is emerging from a side road

Another common one which often comes down to the driver emerging from the side road taking their cue from a stationary car in traffic letting them out.

As nice as it may be for a driver to let another driver pull out from a side road to join traffic, it can easily spell danger for the motorcyclist legally overtaking the traffic. Again, it’s the duty of the driver emerging from the side road to only do so if it’s safe. They simply cannot rely upon taking a cue from another road user, as there can easily be a motorcyclist overtaking the traffic.

Once again, the driver is most likely at fault, as the motorcyclist has the right of way, and it is for the emerging driver to give way and only emerge when it’s safe to do so.

Undertaking and being hit by a driver turning left, or a car emerging from a side road

I’ve already covered this from an overtaking perspective, but what about an undertaking perspective? Let’s say a motorcyclist undertakes in traffic and is hit by a vehicle turning left or pulling out of a side road?

Again, it’s all about the fact that a driver performing a manoeuvre must only do so when it’s safe. The simple concept of “mirror, signal, manoeuvre” rings true once more.

Is speeding a factor? It can be. It doesn’t necessarily mean a motorcyclist is at fault, but they could be found partially to blame if their speed contributed toward the accident.

Need help?

Our specialist Motorbike Injury Lawyers offer No Win, No Fee representation, so please don’t hesitate to contact us on 0800 634 75 75 for free, no obligation, advice.

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