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Motorcycle Accident Liability - Filtering
The most famous motorcycle accident claim case on filtering accidents is "Powell v Moody". It is not famous for being good law for motorcyclists, it is famous because the insurance company got a good result and they have been seeking to rely on it ever since.
This case was decided back in 1966, when brakes were poor, motorcyclists rode without their headlights on and protective clothing was a pair of wellies to keep your feet dry. A motorcyclist was travelling down the outside of 2 lines of stationary traffic, going past a milk tanker, when a car inched out of a side road round the front of the tanker and a collision occurred. The judge apportioned liability 80/20 in the car driver's favour.
Consider the fact that it is now the 21st Century and technology has moved on in leaps and bounds. Disc brakes and tyre compound improvements mean modern motorcycles can stop much faster than older ones. Most motorcyclists ride with their headlights on and wear protective clothing. The chances are, if you had an accident while filtering, the car did not "inch"out and there may have been nothing you could do to avoid it. What relevance does a fact-specific judgment from 1966 have?
The law on filtering now reflects what any experienced motorcyclist knows. Filtering is perfectly acceptable as long as you do it at an appropriate speed and are wary of cars pulling out of the line of traffic or emerging through the traffic from a junction. The less care you take the more responsibility you are likely to have.
If your solicitor advises you to accept 80/20 in the other driver's favour, just because you were filtering, then call us for a second opinion.