Can I lose my claim because I was filtering?

I was recently knocked off my bike by a car while filtering approaching a junction. The police are prosecuting me, not the driver who hit me. This seems completely unfair. Can you explain my legal position as I would like to start a compensation claim?

Mike, by e-mail

Answer

The starting point is that filtering is perfectly legal. However, filtering on the approach to or past junctions is regarded by the courts as an inherently hazardous manoeuvre.

When filtering, a rider should exercise particular caution when approaching any gap in stationary or slow-moving traffic through which another vehicle could emerge. The rider should slow down sufficiently to establish that it is safe to proceed before continuing with the manoeuvre.

When determining liability, the court will first consider whether each road user was entitled to carry out the manoeuvre they were attempting. If both parties were acting lawfully, the next question is whether they each did everything they reasonably could to reduce the risk to other road users.

If either party failed to do so, the court will then consider who was at fault and, importantly, the extent to which each party was responsible. This can result in a finding of contributory negligence, with blame apportioned between the parties.

There is much case law concerning filtering accidents, but these cases are highly fact-specific. The court will consider matters such as the available sightlines, the position and speed of the vehicles, the traffic conditions and the actions of each road user immediately before the collision.  You should seek out a specialist motorcycle lawyer.