Personal Injury specialist Solicitors review the recent Highway Code changes

As of 29 January 2022 significant changes have been made to the Highway Code, the rules for road safety in England, Wales and Scotland.

The changes are aimed particularly to protect pedestrians and cyclists and horse riders.

The first major change is the introduction of a hierarchy of road users. This does not remove the duty to have regard to the safety of all road users, but places the most vulnerable road users at the top of a hierarchy in the event of a collision. This means motorists now bear the greatest responsibility to reduce the risk that driving their vehicle poses to other road users.

Changes have also been made to now require traffic to give way to pedestrians crossing or waiting to cross at a junction. Motorists turning into a road must now give way to anybody who has started to cross the road.

At Gregory Abrams Davidson we see that this is likely to impact how Courts address the duty of care owed by road users. It is certainly foreseeable that the prospects of establishing negligence against drivers of larger vehicles including articulated lorries will be increased by this change.

One of the more publicised changes is in respect of the road positioning of cyclists. The updated rules have clarified advising cyclists to cycle at least half a metre from the kerb and to position themselves in the middle of their lane on quiet roads or in slow moving traffic. The rules also allow cyclists to cycle two abreast when cycling in groups.

Motorists must leave between 1.5 to 2 metres space when overtaking cyclists or horse-riders, depending on the speed they are travelling at. The new rules now allow motorists to cross a double white line in order to allow sufficient clearance, provided of course that it is safe to do so.

Sadly, at Gregory Abrams Davidson we frequently act for cyclists injured as a result of motorists travelling too closely to them. We regularly cite a breach of the Highway Code as evidence of negligence when dealing with Road Traffic Accidents generally, and we expect this clarification to be of assistance when formulating allegations of negligent driving against motorists.

Cyclists can now undertake or overtake slower-moving traffic, though it remains important to proceed carefully, particularly when passing large vehicles or when close to junctions. There are also updated rules to make it clear that cyclists must give way to pedestrians crossing road, in the same way that motorists must now do. At a time when we have seen significant increases on our streets in couriers and delivery drivers on bicycles, these appear to be necessary updates to help ensure the safety of the most vulnerable of road users.

Motorists are now required to give priority to people cycling on roundabouts. Motorists should allow cyclists to move across their path and cannot overtake cyclists within their lane. This is welcomed as a very positive clarification of the rules which is likely to offer further protection to cyclists.

The last significant change for motorists and their passengers is the introduction of what is often known as the “Dutch Reach” method of opening doors. This guidance is to open the vehicle door using the hand opposite to the side the door is on. This is considered safer as it requires reaching across, requiring motorists to naturally turn and increase their view of oncoming road users, and especially cyclists who can be catastrophically injured in such accidents.

At Gregory Abrams Davidson we regularly act for motorists involved in accidents involving car doors being opened onto oncoming traffic. The “Dutch Reach” has been taught in the Netherlands for over 50 years and is thought to have significantly reduced accidents. We hope that this simple change of habit can not only reduce accidents significantly but can help save the lives of cyclists.

Concerns have been expressed that motorists remain unaware of the changes. Whilst the new rules have been publicised, it is certainly possible that the average road user is not completely familiar with the full extent of the new rules. This does highlight how important it is that motorists regularly refer back to the Highway Code, and preferably an updated online version.

Gregory Abrams Davidson have a specialised team with years of experience in dealing with Road Traffic Accident claims, acting for pedestrians, cyclists and motorcyclists as well as motorists.

We are passionate about the work we do, striving to reach the best outcome for each and every client. Our committed and knowledgeable team pride ourselves on excellent client care, recognising the vulnerability of many of our clients.

Our expert team specialises in helping clients recover maximum compensation quickly and with the minimum of fuss. Our solicitors are members of the Association of Personal Injury Lawyers and Gregory Abrams Davidson was the first member of Accident Line in Liverpool: the only personal injury service endorsed by the Law Society.  We offer a free initial consultation and ‘No Win, No Fee’ arrangements in suitable cases.

If you have been involved in an accident and require advice, please complete our online form, or contact our team on 0808 164 9938 and you will quickly be put into contact with one of our Personal Injury specialists.

When it comes to Personal Injury advice, you’ll want Gregory Abrams Davidson on your side.