Overtaking at speed – Peril up ahead

Overtaking at speed – Peril up ahead

Meet Mark Stone, Britain’s unluckiest motorcyclist. Each month we tackle the legal aftermath of Mark’s riding mishaps. Today, a simple overtake quickly turns into a tussle with the reaperNo4-Peril up Ahead_webBIKE’S LEGAL EXPERT SAYS

Judges decide what is reasonable behaviour for competent drivers and Mark’s overtake is lawful and not an invitation to race. In a legal precedent, the driver must maintain a proper and safe course, and if he’d done so yet Mark still got into trouble, the driver wouldn’t be expected to react, as he can’t predict Mark’s actions. But the driver deliberately speeds up and though Mark responds unreasonably it’s a foreseeable reaction. So while a harsh judge might split the blame, I think 25 to 33% would fall on Mark. Of £1000 of crash damage, Mark should receive £750 – £666. On similar facts, the Court of Appeal upheld a decision to find the motorcyclist 20% to blame, but made it clear he’d got off lightly.

Andrew Dalton

Bike Magazine

October 2010

Posted by Andrew Prendergast. Posted on: October 6, 2010 at 12:00 am

Andrew has been riding motorcycles since he was 10 years old and currently rides a GSX1400 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.