Car Driver Blocking Overtaking Motorbike

The Highway Code states that car drivers should be careful and considerate towards all types of road users, and specifically states that if another vehicle is attempting to overtake then you should maintain a steady speed and slow down if necessary to let the vehicle pass.A� Speeding up whilst someone is overtaking you is dangerous.

The Highway Code was disregarded by a car driver and his bad driving resulted in a head on collision between two motor cycles.A� Mr Chadwick was riding his motorcycle on an A road out of a village and was hit by a motorcycle ridden by Mr Barber that was travelling in the opposite direction.A� Mr Chadwick was unfortunately seriously injured and made a road traffic accident compensation claim against Mr Barber and also against Mr Higgs who was driving a Subaru car ahead of Mr Barber.

Mr Barber had been following Mr Higgs and attempted to overtake him, however Mr Higgs accelerated and prevented him overtaking.A� Mr Barber attempted a second time to overtake Mr Higgs, and again Mr Higgs accelerated to prevent Mr Barber passing, however, then decelerated to prevent Mr Barber pulling in behind his car.A� Mr Higgs blocked Mr Barbera��s motorcycle so that Mr Barber was left stranded on the wrong side of the road.A�To make the situation worse, Mr Higgs and Mr Barber were approaching a blind spot in the road created by the brow of a hill and a left hand bend.A� Therefore, Mr Chadwick did not see Mr Barber approaching on the wrong side of the road until it was too late.

The police prosecuted Mr Higgs for dangerous driving but he was acquitted.A� In separate proceedings the civil court found Mr Higgs 80% liable for the road traffic accident and Mr Barber 20% responsible because he had seen Mr Higgsa�� dangerous reaction to his first attempt at overtaking and should have waited until there was a safer opportunity to overtake.

The Court of Appeala��s decision in Ogden & Chadwick v Barber & Higgs

The Highway Code can be found at www.direct.gov.uk/en/…/highwaycode