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Filtering Crash, watch your speed

Discussion in 'Main Forum' started by T.C, Oct 20, 2011.

  1. T.C

    T.C Custom cruiser +

    Messages:
    233
    Until now, Davis v Scroggins (2006) has been the authority that has helped filtering riders claim 100% liability in filtering crashes. This case was particularly relevant as the filtering rider was travelling at speed despite the fact that he was travelling in excess of 50MPH whilst filtering.

    However, yesterday a new case was reported on appeal where because of the high speed, the rider was held 80% liable with the car driver held only 20% liable.

    Whilst filtering cases have to be judged on merit, and if speed is kept to a reasonable level it should make no difference, just be aware that there is now a new weapon in the defendants armoury.

    BURTON v EVITT (2011)


    CA (Civ Div) (Sir Anthony May (President QBD), Black LJ, Kitchin LJ) 18/10/2011

    PERSONAL INJURY - ROAD TRAFFIC

    APPORTIONMENT : DRIVERS : MOTORCYCLES : ROAD TRAFFIC ACCIDENTS : APPORTIONMENT OF LIABILITY : INABILITY OF DRIVER TO SEE BEHIND VEHICLE WHEN DRIVING


    A driver was found to be 20 per cent liable for a road traffic accident caused when he turned whilst being unable to see an approaching motorcycle being driven quickly and overtaking other vehicles. Where a driver was unable to see what was behind him it was necessary for him to inch out to gain a better view.


    The appellant (E) appealed against a decision that he had been negligent and was one-third responsible for a road traffic accident involving E and the respondent (B). E was driving his car at the front of a queue of traffic. He slowed down, looked in his mirror and saw nothing except a larger vehicle behind him. E, when almost at a standstill, then started to turn right into a car park. The driver of the vehicle behind E then saw a motorcycle, driven by B, at the corner of his vehicle, overtaking. B drove forwards, collided with E's car and sustained severe injuries. At trial the judge found that B was driving at an unsafe speed and in such a way that he could not deal with an emergency and so was negligent. However, it was also found that it was E's duty to move his car closer to, and perhaps over, the centre of the line in the road so that, using his wing mirror, he could have seen B approaching and that E's failure to do so meant that he was causatively responsible for the accident. It was found that B was two-thirds responsible and E one-third responsible for the accident. E submitted that although any driver should have been aware of any other driver overtaking on the outside, he had slowed down and checked just before he turned and, to require more, was a counsel of perfection.

    HELD: (1) It was common ground that in driving along such a road, there was a need to be particularly aware of the presence of motorcycles and that they might overtake lines of cars. E initially acted with considerable care but, when crawling, he could not see what might be coming up on the offside. As the size of the vehicle behind E's car meant that E could not see clearly, he should have inched out. Where a driver could not see what was behind him, he had to take that step. E's appeal in respect of negligence was therefore unsuccessful. (2) B's negligence was of a very high order and contributed to what happened. The issue of blameworthiness of E and B required greater analysis than it received. Proper apportionment had to take into account the different negligence issues in respect of E and B. It was appropriate to set aside the trial judge's apportionment and replace it with apportionment that B was 80 per cent and E 20 per cent liable.

    Appeal allowed in part



     
  2. R1 Chickie

    R1 Chickie Guest

    I understand the argument above but when I did the Bikesafe course, the police reckoned that one of bikers biggest downfalls is that we dont use our horns often enough, my advice to any rider is do whatever you need to do to make yourself seen in a situation like that, horn, revving, whatever. Whenever I see someone indicating, I dont filter past until I see them take notice of me in their wing mirror. The problem is that some cars thing because they have seen us and therefore we have seen them, they can carry on, so when I see them intending to this, a loud aggressive horn and engine revving to let them know Im coming through Sunshine! Just to check TC, it is based on my assumption that the person travelling straight has so-called right-of-way?
     
  3. Roadwart

    Roadwart Administrator Staff Member Administrator +

    Messages:
    6,720
    When I was training for my DAS, my instructor said when filtering to travel no faster than 20mph more than the traffic you are passing & once *your* speed reaches about 40 its no longer filtering but overtaking.

    Horns are all well & good but, in my opinion, bike horns aren`t loud enough, especially on a colder day when cagers are snug with the heather going, windows up & Ken Bruce blasting out of the stereo. I`m also an advocate of loud pipes, even though there are some people who say that they can only be heard once you have passed the vehicle.

    With regards to "right of way", he told me "Its no good taking the moral high ground when you are being shovelled in the back of an ambulance".
     
    _Yappa_ and Steve B like this.
  4. T.C

    T.C Custom cruiser +

    Messages:
    233
    The important thing to remember is that filtering and overtaking are by and large one and the same thing, it is really just a play on words, except that it is probably fair to say that filtering is considered as a low speed overtake whereas what we call an overtake occurs at higher speeds.

    There is to a degree a presedence that the filtering rider does have a right of way, but you are absolutely correct that taking the moral high ground is very little use or consolation when you end up in a wooden box.

    There is a reluctance in this country to use the horn (bearing in mind that its sole function is to draw the attention of other road users to your presence), but many of the filtering accidents I have to deal with are often caused by a lack of planning and/or anticipation on the part of either the rider or driver and/or both, but I have to say the majority are caused simply by bad drivers failing to check properly, and assuming that it is safe to make their turn without first checking that it is safe to do so.
     
  5. Sporty1200

    Sporty1200 British Superbike +

    Messages:
    2,064
    It has been said that there is no evidence to support the claim ''loud pipes save lives'', (prooving preventative measures work is often difficult ), However,, when im on my Harley and filtering, its clear to me that 75% more of the traffic ahead is aware of me than if i was on my Cb1000R.

    Conclusion for all non-Harley riders, to improve their 'audible' visibility is therefore simple, remove your baffles.
    ''Its a safety measure ocifer'' :cop: :D
     
    HAYABUSADAVE and Roadwart like this.
  6. R1 Chickie

    R1 Chickie Guest

    I guess i dont understand why its not more cut and dried to say that if you are the one changing direction, it is your responsibility to make sure your path is clear and if you hit someone, well its your fault. End of.
     
  7. Roadwart

    Roadwart Administrator Staff Member Administrator +

    Messages:
    6,720
    Its because that there are people who will overtake/filter when its not safe. The amount of people I have seen filtering to the front of a queue at a zebra/pelican crossing on the zig zags & overtaking on junctions, both of which are illegal.

    Unfortunately there are very few things in this world that are truly "Black or White".
     
  8. R1 Chickie

    R1 Chickie Guest

    Ok, bar those situations then
     
  9. Finchy

    Finchy Guest

    This happened a couple of times when I rode my Tiger... although never with enough force to knock me off the bike. The funniest thing was that my Tiger was fitted with some pretty chunky engine bars, so if they came into contact with my bike, it generally made a real mess of their paintwork... which I of course found hilarious.

    The only little bit of advice I can give is whenever possible, when filtering / splitting, do it at a sensible speed and ensure that your foot is covering the rear brake (or at least somewhere near to it). Nothing worse than a car pulling into your space and then whacking on the FRONT brake. It's a receipe for disaster!
     
  10. Finchy

    Finchy Guest

    Well, zebra crossings are. :)
     
  11. Roadwart

    Roadwart Administrator Staff Member Administrator +

    Messages:
    6,720
  12. Finchy

    Finchy Guest

    & magpies :D
     
  13. R1 Chickie

    R1 Chickie Guest

    technically they are blue and white, if you see their feathers close, they are a very dark metallic blue so proves that little point ;)

    but there are penguins :D
     
    Roadwart likes this.
  14. BlackHornet

    BlackHornet Look before you turn Staff Member Moderator +

    Messages:
    7,985
    thats a miscarriage of justice if you ask me.

    E was driving his car at the front of a queue of traffic

    should read

    e was so bloody slow that he had caused a massive tail back

    He slowed down, looked in his mirror and saw nothing except a larger vehicle behind him. E, when almost at a standstill, then started to turn right into a car park

    should read

    he slowed down to nearly reverse, looked in his mirror at the massive que he had caused and then turned into a car park ( notice no indication of his intent to turn ).
     
  15. R1 Chickie

    R1 Chickie Guest

    yeah, next we will be penalised for not being psychic! :D
     
  16. Kevin Taylor

    Kevin Taylor Off Roader +

    Messages:
    284
    I can't see too many 'filtering' accidents happening in France in the future.:srnder:
     
  17. Spin

    Spin Street Fighter +

    Messages:
    193
    It's not actually illegal to filter on the hatching at a zebra crossing, it's illegal to pass the vehicle closest to the crossing - you can filter up that far.

    Nor is it illegal to overtake at a junction unless there is a "No Overtaking" sign displayed (not a solid line which means "do not cross").

    In either case, it may not be advisable... but it's not illegal.
     
    Russell likes this.
  18. Roadwart

    Roadwart Administrator Staff Member Administrator +

    Messages:
    6,720
    I stand corrected. I knew there was something about overtakes at the zigzags at crossings.
     
  19. Spin

    Spin Street Fighter +

    Messages:
    193
    Speaking as an ex-courier, the thing I'd say about filtering is that you can see a junction 99 times out of 100... so it's no big deal to hang back, check if anything's pulling out and if it is, to wait. It costs you a few seconds.

    The argument that drivers "don't look properly when pulling out" is pretty ropy really, and an excuse most bikers use to cover up the fact "I didn't actually look properly to see if there was a car pulling out".

    From the seat of the bike, you can see OVER an average car quite easily and spot the emerging vehicle... and if you're filtering past a van or similar then you should be doubly cautious, but you can usually tell because there's a gap in the queue. It's not difficult.

    By contrast, the best the car driver can do is look for a helmet appearing over the car roof... if he's lucky he MIGHT spot you. And a metre (or more) of car bonnet is going to be in the road before he can see round the vehicle he's pulling out round.

    If you're filtering at a sensible speed, you can stop in no distance at all - at 25mph if you're covering the brakes, your stopping distance is 3 bike lengths in the dry! Try it.
     
    _Yappa_ and Finchy like this.
  20. Jim

    Jim Race Rep +

    Messages:
    661
    I have to point out2 things,
    1. if anything appears in my path then I DO hit the Front Brake cos it'll stop me or slow the impact speed down a bit at least.
    2.A piano key board is also black and white! :D
     
    Roadwart likes this.

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