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Old 17-04-10, 08:16 PM   #43
Juju
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Join Date: Apr 2005
Posts: 176
Default Re: That Filtering & Insurance Letter.

All you need to know really is that Davis Vs Schrogin is the case law for a vehicle u turning in path of motorcycle filtering - 100% in favour of the biker. End of.

If the vehicle is not u turning but turning right, then you might have an issue with the highway code referring to "coming into conflict with other road users" and it cites road junctions as one of these. It will be down to witnesses to see if the vehicle was to the right of its lane and indicating, in which you will get no more than 50/50. However, a case law recenltly noted that such circumstances were almost totally unavoidable in a built up area like London, where there may be so many driveways or side roads that progress would be impossible if one was to stop filtering. (I'll remind you of the case when I get to my desk on monday).

However, in circumstances where you are filtering, and round by witnesses to be reckless by dint of speed and failure to ride cautiously, and a vehicle that collides is not turning right or u turning but pulling out of a side road, then you might get nothing as per Farley Vs Buckley, where it was forseeable that a vehicle was going to emerge due to a vehicle wishing to turn in and being unable, due to the presence of the emerging vehicle, which "had" to do so. The rider failed to appreciate either the side turning, the possibility of an emerging vehicle, or the obvious cues as to what was happening.
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