Overtaking

Davis v Schrogin (2006)
A motorcyclist was overtaking a queue of stationary traffic (long stretch of road with one lane in each direction).  A car driver in the stationary queue decided to execute a U-turn.  As a result, a collision occurred and the motorcyclist was seriously injured.
 
Driver – 100% to blame

Morrison v Gardener (2005)
A police motorcyclist on escort duty (training) was overtaking a line of stationary traffic. There was a danger of cars performing U-turns. This was known to the police motorcyclist. A car in the queue executed a U-turn. A collision occurred.

Driver – 75%   Police Motorcyclist – 25%

Shaw v Russell and Another (2004)
A motorcyclist was carrying a pillion passenger overtaking a line of cars and vans. A minibus driver at the head of the queue turned right across the motorcyclist’s path.

Minibus driver – 95%   Motorcyclist – 5%

Pell v Moseley (2003)
A motorcyclist was overtaking a queue of traffic. There was a moto-cross event taking place in a field to his right. A car driver at the head of the queue indicated right to turn into the event at the very last minute. A collision occurred.

Driver – 50%   Motorcyclist – 50%

Hillman v Tompkins (1995)
A motorcyclist was overtaking a slow moving traffic line on the approach to temporary traffic lights.  A car driver reached a junction to her offside and indicated her intention to turn having failed to see the approaching motorcyclist from her rear.  A collision occurred.  The Judge agreed that motorists should anticipate such actions by motorcyclists.  Equally the motorcyclist was overtaking on the approach to a junction. 

Driver – 50%  Motorcyclist – 50%

 

Case studies supplied by Digby Brown Motorcycle Law Department

 

 

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