BIKE’S LEGAL EXPERT SAYS
The driver should check for and give way to traffic on the main carriageway, and be aware that a motorcycle might seek to overtake the truck, which the driver cannot see around. But Mark breaks a solid line, a hatched area is not for overtaking, he’s above the speed limit and has no idea what is in front of the lorry.
I’d say most judges would blame Mark 80%, others might find him wholly to blame, but previous decisions show that a vehicle turning across a lane has to make reasonable observations. The Highway Code warns motorcyclists to avoid overtaking in hatched areas.
Andrew Dalton
Senior partner with White Dalton Motorcycle Solicitors
BiKES RIDING EXPERT SAYS
Solid white lines are common enough, so you’d think Mark would know what they mean. Simply, you cannot straddle or cross them except for a few exceptions and being in a hurry isn’t one of them. The more white paint, the more potential danger. They are placed where visibility is reduced and are to stop you exposing yourself to approaching traffic.
In this case we have the added danger of a nearside junction. If you cross a solid white line and anything goes wrong you could be looking at a dangerous driving charge, the thinking being that you were warned and chose to ignore said warning.
Gary Baldwin
Director of Rapid Training and accident investigator for Thames Valley Police
Illustration by Anthony Williams, www.comicstripper.co.uk
Article from Bike Magazine
http://www.bikemagazine.co.uk/
