Jones was filtering up the offside of two lanes of slow moving/stationary traffic when Lawton pulled out of a side road to his left and a collision occurred. There was evidence that Jones was travelling at around 30 mph and that a gap in the traffic had been left for Lawton to exit.

The Judge stated, “First, it was the (car) crossing the path of the motorcyclist which created the hazard. Secondly, as the Highway Code notes, motorcyclists are vulnerable road users.

In collisions with other motor vehicles, it is the motorcyclist who is liable to suffer significant injury and not the driver. That is an unhappy feature of riding bicycles and motorcycles.”

The Judge helpfully stated that road users should be “aware of the possibility that a motorcycle was proceeding along the outside of the slow moving lanes of traffic. It is exactly what any driver should expect of a motorcyclist in such traffic conditions. A motorcyclist would be unlikely to stop and start in line with that traffic when it was clear for him to pass.”

Car Driver 2/3rds to blame                     Motorcyclist 1/3rd to blame

A link to the full decision can be found here.

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