Highway Code changes just the start in protecting cyclists
Stuart Kightley
Table of Contents
The 2020 changes to the Highway Code do not go far enough to change driver behaviour and protect cyclists and pedestrians, leading cycling accident claims lawyer, Stuart Kightley, has told the government.
Stuart Kightley, a board trustee of the London Cycling Campaign and partner at London law firm Osbornes Law, says that the proposals are a step in the right direction but will not bring real change while pedestrians and cyclists hurt in vehicle collisions are still required to prove it was the negligent driver who was at fault.
The changes introduce a hierarchy of responsibility and give priority to cyclists and other vulnerable road users at junctions and roundabouts. They prescribe passing distances whilst overtaking cyclists and give new guidance on such things as two abreast cycling and filtering in traffic.
Responding to the Department for Transport consultation, the firm welcomed the changes but called for a reversal of the burden of proof in civil claims involving vulnerable road users which currently sees those seriously injured in road traffic crashes facing considerable obstacles to accessing rehabilitation and financial support.
Stuart explains, “Those with the potential to do most harm on the roads bear the most responsibility to reduce the danger they pose to others, and the revised Highway Code will reflect this reality. Instead of merely advising others to be ‘considerate towards’ cyclists and recommending that cyclists get off and walk at roundabouts, it will now tell drivers to give them priority at junctions and roundabouts and not cut across or overtake them”.
He adds, “the law still requires a vulnerable road user to prove negligence, by evidence, against the other party, and in fatal accident and brain injury cases in particular – where the injured party cannot give evidence – this can be challenging and sometimes impossible”.
Victoria Lebrec, head of policy, campaign and communications with RoadPeace, lost her leg in a collision when cycling in central London. She was lucky to survive after she was crushed by a left-turning lorry at the junction of St John Street and Clerkenwell Road.
At a recent webinar where both Victoria and Stuart spoke, Victoria explained that the driver’s insurers took over a year to admit liability and then argued that she bore considerable responsibility for what happened, further drawing out the process and forcing her to relive the experience and defend her actions on that day.
Stuart added “If the changes to the Highway Code had been in place, this process would have certainly been made easier, however, if the burden of proof had sat with the driver, as it does in most other European countries, the process would have been far simpler and quicker, allowing Victoria to move on with her life and access the rehabilitation she needed far sooner.”
The highway code has since been updated. Find out about the new Highway Code rules for cyclists that were implemented in January 2022.
If you would like to speak to a member of the personal injury team or the cycling team at Osbornes Law, call 0207 485 8811 or complete an online enquiry form.
Share this article
Contact
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
Cycling News & InsightsVIEW ALL
28.2.2023Do you have to wear a bike helmet?
Should bike helmets be mandatory in the UK? Recently, Dan Walker was involved in a nasty collision with a motorist...
Read more
5.5.2022Top 10 Major Highway Code Changes for Cyclists
New Highway Code rules for cyclists At the end of January 2022, the Highway Code was updated to make British roads...
Read more
20.1.2022Cycling accident advice
Now more than ever before, people are embracing the pleasures and benefits of cycling in and around London. Unsurprisingly, the...
Read more
16.9.2021The law around E-bikes and E-scooters explained
Why are electric bikes legal but not scooters? E-bikes and e-scooters are the new rides on the block. To many,...
Read more
31.12.2020Bike Boxes – what are the rules?
Cycle boxes at traffic lights I read a post recently on a London cycling forum in relation to some confusion...
Read more
9.6.2020The importance of parks for cycling
I ventured outside the comfort of my home this past weekend for the first time in 11 weeks. As I walked...
Read more
11.5.2020Helmet Cameras: Personal Safety and the Law
Helmet cameras have become one of the must-have items for cyclists, especially those commuting to and from work. They offer...
Read more
11.5.2020Bike Cam Prosecutions
Have you ever been cut up by a van turning left? Or been riding along only to find the tarmac...
Read more
7.5.2020Boom time for bikes – London Mayor’s new...
Yesterday Sadiq Khan unveiled his ‘London Streetspace’ programme designed to transform London’s streets to accommodate a possible ten-fold increase...
Read more
7.5.2020Around the World In One Day for NHS...
On Thursday 30th April 2020 I took part in a 240 mile cycle, raising money for the NHS. This ride was to...
Read more- 5.5.2020
Highway code refresher for cyclists
As we start week 7 of lockdown, there is one thing that is more noticeable on the roads…cyclists. Whether you...
Read more 
3.12.2019Cycling accidents involving potholes
If a cyclist is injured as a result of a pothole or defect on the road they were travelling on...
Read more
26.11.2019Do I need insurance for cycling?
There is no legal requirement for cyclists to hold insurance cover in order to cycle in the UK. That includes...
Read more
13.8.2019Death of cyclist in road traffic accident opens...
After the death of a cyclist outside the Olympic park, Stuart Kightley, personal injury solicitor at Osbornes re-visits the question...
Read more
21.6.2019E-Bikes – are they the future for commuting?
The Government released some clarification last week in relation to the upper limit of the cycle to work scheme. Many...
Read more
31.5.2019Intimidatory driving to become breach of traffic law?
A new driving offence of ‘intimidatory driving’ is being considered by the government to crack down on close passes by...
Read more- 18.5.2019
Local hubbub over Highbury corner
Highbury Corner in Islington is one of the busiest interchanges in the whole of the UK (never mind just London)...
Read more 
12.5.2019Cycling Health Benefits – A ride a day keeps...
In my 20s I had a massive breakdown and was given an incurable diagnosis with a scary name. I went...
Read more
11.5.2019Ealing cyclists up in arms over latest death
After 51-year-old Met Police officer, Claudia Manera was killed in a bike accident at the junction of The Broadway and...
Read more- 11.5.2019
New Research Proves That Cycling Officially Makes You...
New research published by the YMCA shows that those with an active lifestyle are up to 32% happier than people who...
Read more - 11.5.2019
Cycle Accident: The Near Miss Project
One major problem of cycling in the UK is other intolerant road users. This is a large reason for my...
Read more - 11.5.2019
Can a ‘bike backie’ get you in trouble?
London’s controversial mayor Boris Johnson has been caught by The Sun newspaper giving his lawyer wife Marina Wheeler a...
Read more 
25.3.2019The risks and rewards of cycling in London
Stuart Kightley of Osbornes solicitors asks the question: is cycling in London good for your health? I acted for a...
Read more
14.2.2019Cyclists, Roundabouts and the Highway Code
The Highway Code is more than just a guide to how to pass your driving test. It is intended to...
Read more