Undertaking

Brooks v Burgess (1996)

A car driver was crossing a junction in front of a stationary coach, when a motorcyclist was undertaking the coach at 20mph. The driver travelled into the path of the motorcyclist and the two collided.  

Initially, liability was given as 80/20, with the driver apportioned most of the blame. However, liability was decided at 50/50 on appeal.  

It was concluded that the driver pulled from a minor road to a major road without considering that a pedestrian or another vehicle could be travelling along the nearside of the coach. There was contributory negligence on the part of the motorcyclist as they were performing a particularly risky manoeuvre in undertaking on approach to a junction.

It is worth noting that a biker is always at risk when undertaking. Our experience of representing vulnerable road users has allowed us to gain significant understanding of all the risks imposed by obstructions and other road users.  

If you, as the biker, are undertaking a vehicle, it is important to always make sure you have the ability to back off if the vehicle decides to turn left.  

It is likely that the coach driver won’t see you, which means it is even more crucial to ensure there are no oncoming junctions, and that the coach is travelling at a slow speed. Also note whether there are any indications that the coach in in the process of speeding up – as this presents an additional risk of you being left in a further vulnerable position on the road. 

Consider your options. Is it better to wait for a few seconds for traffic to clear? Can you see traffic ahead through the windows of the vehicle you are undertaking, if not, is it wise to continue? 

It is always better to overtake vehicles and to keep your speed to a controlled pace, just in case a vehicle pulls out/ turns across you, or even opens a door unexpectedly. This is something we see in cases all the time, and the risk of these incidents occurring can be greatly reduced with the care and consideration of both parties.