Motorcycle Accident Case Study examples: Overtaking
(February 01, 2010)
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%
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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