BIKE’S LEGAL EXPERT SAYS
Filtering on the inside is not illegal, but he has not thought ahead. Mark is going into empty road space that another driver might fill with his car. The car driver, before turning, should have taken into account the risk of a narrow vehicle using the tempting gap. Likewise, Mark should have anticipated a vehicle turning right across the box junction. Neither of them have taken into account each other’s foreseeable use of the road. The car owes a continuing duty to give way as it moves across the lane Mark is occupying. Mark, however, cannot be blameless for riding, unsighted, into a box junction. In similar circumstances the Court of Appeal has held each party to be equally to blame.
Andrew Dalton
September 2010
