Who Is At Fault: Overtaking Collision

An overtaking collision usually places a heavier burden on the driver who chose to overtake, since moving into the opposite lane or an adjacent lane is a deliberate decision that carries its own risk. This does not mean the overtaken vehicle is automatically free of blame.

The court checks whether the overtaking driver had a clear, safe distance to complete the manoeuvre, and whether the other vehicle behaved predictably.

See who is at fault and making a road accident claim for the general picture.

The typical facts in an overtaking collision

Overtaking crashes tend to follow a handful of patterns.

• A driver overtakes without enough clear road ahead
• A motorcycle is overtaken too closely, leaving no room to react
• The vehicle being overtaken speeds up or drifts into the other lane
• An overtaking driver misjudges the speed of oncoming traffic

Sightline and timing at the moment the manoeuvre began usually explain what went wrong.

How is fault usually assessed?

An overtaking driver is expected to judge the distance, speed and sightline needed before committing to the manoeuvre. Failing that, and causing a collision, tends to weigh heavily against them.

A vehicle being overtaken is still expected to hold a steady course, so speeding up, braking suddenly, or drifting can shift some responsibility back onto that driver.

What evidence decides an overtaking case?

• Dashcam footage from the overtaking or the overtaken vehicle
• The road markings at the exact point, including any solid no-overtaking line
• Witness accounts of each vehicle’s speed, see witnesses and CCTV evidence
• The police report and sketch plan
• Skid marks or the final rest position of both vehicles

Dashcam footage is especially valuable here, since an overtaking dispute often comes down to seconds.

Were you partly at fault?

If you sped up while being overtaken, or misjudged the gap while overtaking, a court can reduce your compensation for that share rather than end the claim.^[1] There is no fixed percentage for this.

See how contributory negligence works for the general rule.

What to do at the scene and after

1. Check for injuries and move to a safe position if you can.
2. Lodge a police report within 24 hours.^[2]
3. Photograph the road markings and both vehicles’ final positions.
4. Note the speed and lane position of each vehicle just before impact.
5. Notify your insurer and avoid agreeing on fault at the scene.

If you were riding a motorcycle at the time, injured motorcyclist covers the wider claim path.