In the context of cycling, ‘filtering’ means moving past slow or stationary traffic, either on the left or the right of the traffic ahead. Contrary to the opinion of social media, filtering is very much an accepted practice, although as every cyclist will know, it does require careful bike handling and profound vigilance.
Indeed, rule 160 of The Highway Code states that road users should ‘be aware of other road users, especially cycles and motorcycles who may be filtering through the traffic.’ Additionally, rule 211 says ‘it is often difficult to see motorcyclists and cyclists, especially when they are filtering through traffic’. Although Rule 211 states that drivers should ‘look out for cyclists or motorcyclists on the inside of the traffic’ which could be taken to mean that drivers have responsibility for looking for riders before performing a manoeuvre, it goes without saying that it is critical for cyclists to anticipate the actions of other road users and avoid risks at all times.
Perhaps the most important advice for cyclists contemplating filtering through traffic is to avoid doing so on the approach to a junction. This advice is echoed in Rule 167 of the Highway Code: ‘Do not overtake where you might come into conflict with other road users. For example, approaching or at a road junction on either side of the road’.
Motorists are generally not expecting to be undertaken. Whilst a motorist is required to check their mirrors prior to setting off, a cyclist is relying on the good faith of their fellow motorist to do so. This is particularly true where the vehicle in front is a long vehicle, such as a HGV or a bus. Cyclists on the left of such vehicles are very likely to find themselves in the driver’s blind spot.
Such situations could be catastrophic for the cyclist as they may find themselves with no space between the vehicle and the kerb. This is echoed in rule 74 of the Highway Code, which states “do not ride on the inside of vehicles signalling or slowing down to turn left.”
Advanced stop lines have been introduced on many roads in the UK. These are areas that are reserved for cyclists at junctions and they allow cyclists to start off first when the traffic starts moving. Often cyclists will need to filter through stationary traffic in order to reach the advanced stop lines. On some occasions it may be safer practice to wait behind other cars at a junction than to squeeze through a precarious space next to the kerb in order to reach the cyclists area. Cyclists should keep in mind that undertaking on the left is dangerous even where vehicles are stationary or where there is a cycle lane on the road.
The risk of doing so is that a car ahead may turn into a side road without warning, leaving the cyclist with inadequate time to brake or change direction. Often the most intuitive way is to filter to the left of the stationary or slow-moving traffic. However, the cyclist is placing his/herself between the car and the kerb. This is high risk and placing the cyclist in an extremely vulnerable position.
Motorists are generally not expecting to be undertaken. Whilst a motorist is required to check their mirrors prior to setting off, a cyclist is relying on the good faith of their fellow motorist to do so. This is particularly true where the vehicle in front is a long vehicle, such as a HGV or a bus. Cyclists on the left of such vehicles are very likely to find themselves in the driver’s blind spot.
Such situations could be catastrophic for the cyclist as they may find themselves with no space between the vehicle and the kerb. This is echoed in rule 74 of the Highway Code, which states “do not ride on the inside of vehicles signalling or slowing down to turn left.”
There is very little case law that deals with situations where cyclists have been injured whilst overtaking or filtering, however, some guidance can be taken from similar situations involving motorcycles. Each case will turn on its own facts and the courts will turn to the specific circumstances of the accident, the physics behind the collision, the road layout and the actions of both parties to ascertain and/ or apportion liability.
One example can be found in the case of McGeer v Macintosh [2017] EWCA Civ 79. In this case, a lorry driver had stopped at traffic lights, with his lorry positioned largely in the right hand lane
but straddling the left lane which was for turning left (the right lane was for straight ahead). This was a common position for lorry drivers as it was a tight turn. The lorry driver was indicating left. Collette McGeer cycled down the left hand side of the lorry, colliding with it as it turned left. The cyclist had been visible in the lorry’s mirrors, and had the driver checked, he would have seen her. The lorry driver argued that it would have been a counsel of perfection for him to check his mirrors immediately before he started to turn left. This was not accepted by the court and it was held that he ought to have made a further check before turning.
In assessing contributory negligence, it was held that the cyclist should have realised that the lorry was straddling 2 lanes and should not have assumed it was going to go straight ahead; she had also failed to heed the advice in the Highway Code to pay particular attention to long vehicles turning left at junctions and she should not have undertaken the lorry. However given the likelihood of serious injury to a cyclist caused by the bulk of a lorry, the lorry was found to be more blameworthy – 30% contributory negligence was applied to the cyclist.
Ultimately, whatever the circumstances of your cycling and filtering collision, we will investigate the matter and ensure you have the best legal advice, the best evidence and the best chance at getting a fair outcome for your case.
Diane Cooper
Partner, Digby Brown Solicitors