Unravelling the legal aftermath of Mark Stone’s riding calamities. Rather too keen to collect Cindy’s overly violent birthday present, Mark now risks feeling its devastating effects first hand
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.
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.
Director of Rapid Training and accident investigator for Thames Valley Police
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.