Filtering around bollards – The Bollard Sidestep

Filtering around bollards – The Bollard Sidestep

Meet Mark Stone, Britain’s unluckiest motorcyclist. Each month we tackle the legal aftermath of Mark’s riding mishaps. Today, he defies the righteous bollard of justice and crosses the line of fateNo2 - The Bollard Sidestep

BIKE’S LEGAL EXPERT SAYS

Mark is in a difficult legal position. He is making an unusual and illegal move, so his duty of care increases. But the driver, also making an unusual manoeuvre, still owes Mark a duty of care.

The driver has a duty to signal his manoeuvre and to ensure that his signal is seen and acted upon before he moves. Mark’s riding is below the standards of a careful motorcyclist, but his manoeuvre is not unforeseeable.

Some case law says that Mark would be wholly to blame, but trial judges analyse the circumstances of each case before them. If the trial judge finds that the car driver should have seen Mark, had he looked from the correct position at the crown of the road, then the likely split is equal blame. Without the keep left bollard and double white line, Mark would most likely be found blameless.

Andrew Dalton

Bike Magazine

August 2010

Posted by Andrew Prendergast. Posted on: August 26, 2010 at 12:00 am

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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