Following a large-scale review of the Highway Code in which the Department of Transport centred on the equal right of everyone to use the road, a number of new rules came into force on 29 January 2022. Regarded as the most radical update to the Highway Code in years, these rules reflect the safety needs of the most vulnerable groups of road users, potentially making it easier for motorists to be held liable for cycle accidents and accidents involving pedestrians.

To help ensure the safety of those more likely at risk of suffering from serious injuries in a road traffic accident, the following key three changes have recently been introduced:

1.      New hierarchy of road users: under a new risk-based hierarchy, motorists with the potential to cause the greatest harm in the event of a collision, from HGV drivers down to motorcyclists, now bear the greatest responsibility to take care. As such, the ‘hierarchy of road users’ is a concept that places those most at risk of injury at the top of the hierarchy, including pedestrians, pedal cyclists and horse riders — although cyclists and horse riders also have a responsibility to reduce any danger they pose to pedestrians.

2.      New priority for pedestrians when crossing: under a new priority system, drivers, motorcyclists, pedal cyclists, horse drawn vehicles and horse riders should give way to pedestrians crossing, or waiting to cross, a road into which or from which they're turning. Pedestrians, therefore, now have a new right of way over motorists and all other roads users at junctions or at the side of the road, even when attempting to cross into oncoming traffic. Motorists and other road users should also give way to pedestrians waiting to cross a zebra crossing, rather than only giving way if they’re already on the crossing.

3.      New priority for pedal cyclists when cars are turning: under a new priority system for pedal cyclists going straight ahead (as well as for horse riders or horse drawn vehicles), drivers and motorcyclists should not cut across these road users, either when turning into or out of a junction, or when changing direction or lane — in the same way that they should not turn across the path of another motor vehicle. This give-way system applies whether the cyclist or equestrian is using a cycle lane, cycle track or riding ahead on the road. In circumstances where to turn at a junction would cause the more vulnerable road user to stop or swerve, motorists must stop and wait for a safe gap.

The primary aim of the changes to the Highway Code is to provide greater protection for vulnerable road users at a time when more people are embracing walking and cycling as alternative, and more environmentally friendly, modes of transport. It’s hoped that the new rules will help to prevent road traffic accidents, by making drivers more alert as to the damage that they could do in an accident, rather than simply seeking to lay blame at their door.

However, it’s yet to be seen whether the creation of a hierarchy of responsibility, with greater priority given to pedestrians and pedal cyclists, will ultimately lead to a greater number of claims, with increased liability for motorists. Still, what the rules don’t do is detract from the responsibility of ‘all' road users to have regard for their own and others’ safety.

If you’re involved in cycle accident or any other type of road traffic accident, our specialist Solicitors can provide a no obligation consultation and discuss what level of compensation you may be entitled to claim. Please call 01282 695400 or click here to message our team.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.