Highway Code makes vulnerable road users a priority
From the 29th January 2022, changes to the Highway Code came into effect seeking to prioritise the more vulnerable road users.
The full amendments to the code can be found at www.gov.uk/guidance/the-highway-code but is essentially introducing a risk based hierarchy of road users, placing pedestrians who are the road users most at risk of a collision at the top of the hierarchy followed by cyclists and horse riders and placing a greater duty of care on motorists. The amendments include the requirement for drivers who are turning into a road to give way to pedestrians who are waiting to cross the road or who have already started to cross the road, to allow a distance of at least 1.5 metres when overtaking or passing a cyclist and to give cyclists priority on roundabouts.
The code also recommends operating the “Dutch Reach” technique when opening their car doors. This recommends drivers and passengers of motor vehicles using their hand on the opposite side to their door which would result in them automatically turning and looking behind them and over their shoulder before opening their door, meaning that they are less likely to cause injury to passing pedestrian or cyclist.
A greater responsibility has also been placed on cyclists to be aware of pedestrians and to not pass pedestrians or horse riders closely or at high speed and to not pass a horse on its left. Guidance has also been given recommending that cyclists should ride in the centre of the lane when in slower moving traffic or when riding on a quieter road, only moving over to the left hand side when a faster vehicle approaches from behind and guidance has also been given suggesting that it is safer for cyclists to ride two abreast especially if riding with an inexperienced cyclist or cycling with children.
It will be interesting to see how the Courts approach to these changes will affect the liability between cyclists, pedestrians and car users.
Road use is constantly changing meaning the Highway Code must evolve with it. It is important to highlight these significant changes which have been bought in with the aim of reducing the number of people injured or killed on our roads.
Hannah Rudling is a Chartered Legal Executive in our Personal Injury team. Hannah specialises in claims arising from road traffic accidents from all vulnerable road users including motorcyclists, cyclists and pedestrians.
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.