What’s the law on filtering near a junction?

I always enjoy reading your legal questions/answers page. Further to your column about filtering on 24th July could you please clarify the law around filtering on the approach to a junction?

Many thanks.

Tom Mallows, by e-mail

Answer

The column you mentioned ended “As long as you were not filtering on the approach to a junction I see no reason for you to accept any blame.”

Despite filtering being perfectly legal, filtering past junctions or even open entrances is considered by the courts as an inherently dangerous manoeuvre. As such, when approaching any gap in the traffic which a vehicle could conceivably pass through you should stop or slow down to the point that you can confirm that nothing is going to emerge before continuing past.

The court will firstly consider whether both parties were entitled to try the manoeuvre that they did and if yes, did the parties do everything they could to reduce the risk to other road users?  If not, who was at fault, and to what degree? This will determine the degree of contributory negligence. There is a great deal of case law on filtering accidents but each case really does depend on its own specific facts.

Filtering at junction cases can require very technical evidence.  They more often than not come down to working out sightlines and speeds, frequently requiring the use of expert forensic collision investigators in situations where there is no CCTB or dashcam footage available.