3) T-junction – overtaking vehicle turning left

Where a vehicle overtakes another slowing down to turn left at a junction and then collides with a vehicle emerging from the side road, various factors need be taken into account.

Harding-v-Hinchcliffe (1964) - 100% – A motorcyclist came up behind a bus travelling in the same direction but signalling to turn left. Wishing to continue on the main road, he overtook the bus and was hit by the Defendant emerging from the minor road and who failed to see the motorcyclist masked by the bus until the moment of collision. The Defendant should have waited the few extra seconds necessary to let the bus complete its turn because there was always the possibility of a vehicle being masked by the bus – the motorcyclist was not held to be negligent at all.

Clearly it is important to check the respective drivers’ visibility because an onus remains on the vehicle on the major road to check the road conditions ahead of them and consequently to maintain a safe speed and distance from the turning vehicle.

Highway Code Rule 139 Overtake only when it is safe to do so. You should … not get too close to the vehicle you intend to overtake.