“ Examples of case law involving undertaking ”
Should you choose to make headway through the traffic by undertaking or filtering on the inside of the stationary or slow-moving traffic and then become involved in a collision with another vehicle, the consequences of your manoeuvre can have a serious impact on your claim.
You need to instruct a solicitor who is familiar with the caselaw dealing with accidents arising out of these circumstances. Call us on 01784 682 682.
Some examples of case law* involving undertaking are:
*Please remember that no two cases are exactly the same, each case is unique and is based on it’s own set of circumstances and available evidence.
Brooks v Burgess 1996
A car driver crossed a junction in front of a stationary coach into the path of a motorcycle which was undertaking the coach at a speed of 20mph.
At first instance liability was apportioned 80/20 against the car driver as he was emerging from a minor road into a major road. On appeal, liability was apportioned 50/50.
Fagan v Jeffers 2005
The Defendant had attempted to turn right into a side street from a busy main road. He had to cross two lanes of oncoming traffic which was at a standstill, but there was a gap in the road made by the "Keep Clear" markings. As the Defendant turned right, he struck the oncoming Claimant, who was on a motorcycle and riding on the inside of the two lanes of stationary traffic.
The Court held that both parties were to blame and apportioned liability at 50/50, based on the fact that the Defendant had failed to exercise sufficient caution, since there was still ample room for a two wheeled vehicle to pass between the nearside vehicle and the kerb. The Judge equally found the Claimant to blame, as he should have been aware that there was a risk that traffic may be turning through the gap created by the "keep clear" zone.