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Accident Compensation

March 2013

The Overtaking Rule

Paragraph 168 of the Highway Code suggests that you may be at fault if you deliberately and without good reason prevent another vehicle from overtaking you.

In the case of Pyketts Administrator –v- Clement 2011 the driver of the overtaking vehicle suffered serious injuries whilst attempting the overtaking manoeuvre.  She relied on paragraph 168 of the Highway Code suggesting that the car in front had deliberately slowed down and speeded up thus preventing her from overtaking and causing her to crash. 

In this case, the Court concluded that the vehicle in front had varied its speed but that was simply due to the twisting winding nature of the road and that any slowing down and speeding up was not a deliberate attempt to prevent the other vehicle from overtaking.

Many of us may not have studied the Highway Code for a number of years, and possibly a number of decades.  Whilst it is not the most entertaining of reading it is important, as can be seen by this case, that from time to time we refresh ourselves of the contents of the Highway Code.


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  Vijay Srivastava LLB (Hons)
  Personal Injury Solicitor
  with 25 years of experience