Article
04 March, 2022
From 29th January 2022 the rules for all types of road users have been updated in the Highway Code to improve the safety of people walking, cycling and riding horses. The aim of the new rules is to significantly reduce road casualties and the Highway Code states that "cutting the number of deaths and injuries that occur on (the) roads every day is a responsibility we all share". This being the case, the Highway Code has introduced new rules about the hierarchy of road users. This places road users most at risk in the event of a collision at the top of the hierarchy. There is therefore a greater level of responsibility to take care and reduce the danger they pose to others. The Highway Code states that this principle applies most strongly to drivers of large goods and passenger vehicles, vans/minibuses, cars/taxis and motorcycles. It adds that cyclists, horse riders and drivers of horse drawn vehicles likewise have a responsibility to reduce danger to pedestrians.
It should be noted that the concept of causative potency - the potential for road users to cause damage to each other - is not a new one. The courts, for some time, have applied this principle when assessing the extent of liability, on the basis that, for example, a car is likely to cause more damage to a cyclist than vice versa. Therefore, those road users most at risk of harm are placed at the top of the hierarchy, and the road users who can do the greatest harm have the concomitant responsibility to reduce the danger they pose to other road users.
Specific changes to the Highway Code to note are:
At a roundabout, people driving or riding a motorcycle should give priority to cyclists, and should not attempt to overtake people cycling in their lane and allow cyclists to move across their path as they travel round the roundabout. The Highway Code already states that people cycling, riding a horse and driving a horse-drawn vehicle may stay in the left hand lane of a roundabout when they intend to continue across or around the roundabout. Guidance has been added that drivers should take extra care when entering a roundabout to make sure they do not cut across people cycling, riding a horse or driving a horse-drawn vehicle who are continuing around the roundabout in the left hand lane.
The Highway Code recommends a new technique when leaving vehicles, known as the "Dutch reach". This is a process of opening the car door using their hand that is furthest from the door, for example using their left hand to open the off-side car door. This makes them turn their head to look over their shoulder and so should make cyclists and motorcyclists more apparent when opening the car door into traffic and make pedestrians more visible when opening the car door by the pavement.
The new Highway Code details what would be safe and considerate use of the roads. What the new Code does do, is specifically confirm the importance of the hierarchy of the road user, which will be of relevance to a court when considering accident circumstances and apportioning liability. The facts of each case will still be the most relevant concern, but with the encouragement of more environmentally friendly modes of transport, such as cycling and walking, dashcam and helmet mounted camera footage will be of great relevance in understanding the cause of any accidents and in considering the causative potency and the hierarchy of the respective road users.
For more information contact Andrew Ellis in our Insurance department via email or phone on 0161 918 0001. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
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