How Did The Highway Code Change in 2022 And How Do These Changes Affect RTA Claims?
This guide answers the question, ‘How did The Highway Code change on 29th January 2022?’ We also consider what this means for road traffic accident claims.
All drivers have a responsibility to use the roads with standard care and skill. Therefore, you may be owed compensation if you have been injured in a road traffic accident that was not your fault. To see if you can begin your road traffic accident claim, please contact Legal Expert today. We could connect you with a knowledgeable personal injury lawyer to handle your claim.
Our advisors are available 24/7 and you’ll be under no obligation to proceed with the services of our solicitors. Why not call us on 0800 073 8804? Alternatively, use our online claims form to reach us.
Select A Section
- How Did The Highway Code Change?
- What Are The New Highway Code Rules?
- Which Changes Are Law And Which Are Guidance?
- How Will The Highway Code Change Road Traffic Accident Claims?
- How Is Road Accident Compensation Calculated?
- Find Out If The Highway Code Will Change Your Claim
The Highway Code is a set of rules for road users. Moreover, The Highway Code also provides information and advice about using the roads safely.
Road users include the following:
- Car drivers
- Van drivers
- Horse riders
- Motorcycle riders
- Bike riders
- Heavy Goods Vehicles (HGVs) drivers
- Anyone else who uses the road
The Highway Code change occurred in January 2022. The main purpose of the updates is to provide better protection to road users who would be more vulnerable to injury if an accident occurred. Moreover, the new Highway Code rules expound a risk-based hierarchy, which means that vehicles that can do the most harm have the greatest responsibility to protect others on the road.
We will now look at the changes that have been made to the Highway Code in more depth. And we will explain how these changes may affect you.
A New Hierarchy Of Road Users
The first Highway Code change establishes a new hierarchy of road users. Therefore, vehicles that are more dangerous to other road users have the greatest responsibility for the danger they pose to more vulnerable road users. For example, a car driver would have a stronger responsibility to avoid collision with a pedestrian.
Of course, all drivers still have a responsibility to protect other road users under the Road Traffic Act 1988. All road users (including pedestrians) have a duty to protect others’ safety on the roads.
Rules For Cyclists, Horse Riders, Motorcyclists And Drivers
Under the new rules for The Highway Code, cyclists, motorcyclists and drivers give pedestrians the right of way in certain situations. The Highway Code change prioritises pedestrians when they are waiting to cross the road at a junction or when already crossing the road.
Moreover, pedestrians and cyclists have the right of way when crossing a parallel crossing. Riders and horse-drawn vehicles should also give way in the above scenarios. These measures are to avoid pedestrian accidents.
When travelling on a shared use cycle track, cyclists should give way to pedestrians.
Rules For Motorcyclists And Drivers
Under the new rules for The Highway Code, cyclists have priority in certain situations. Therefore, drivers and motorcyclists should give way to cyclists in the following situations:
- Do not cut across cyclists when turning out of a junction.
- Do not cut across cyclists when changing lanes or changing direction.
- When navigating a junction or roundabout in slow-moving traffic, drivers and motorcyclists should wait for a safe gap amongst the cyclists.
- If a cyclist is travelling straight ahead, don’t turn at a junction if it would cause them to stop or swerve.
These measures are to reduce the number of cycling accidents.
Some of The Highway Code changes are legal requirements. If you fail to comply with the legal requirements, you commit an offence. On the other hand, some of The Highway Code’s recommendations promote road safety but aren’t set out under law.
How we determine whether something is a legal requirement or a recommendation is how the statement is worded.
- It is a legal requirement if the rule states that you “must” or “must not” do something.
- If the rule states that you “should”/”should not” do something, it is a recommendation.
Under what circumstances can you claim compensation for a road traffic accident? If another road user’s negligence caused your accident and injuries, you could claim compensation. Moreover, you could make a split liability claim if the accident was partially your fault. If the claim was successful, you would still receive injury compensation. However, the amount would be adjusted according to how liable you were.
The new Highway Code changes may affect how traffic accident claims are made. For example, Rule H1 states a hierarchy of road users based on their capacity to harm others. Those that could inflict the most harm have more responsibility to ensure they don’t harm more vulnerable road users.
Determining who is at fault for injuries caused by a car accident can be complicated. So, please feel free to call Legal Expert, and we can help you work out who could be responsible for a road traffic accident.
Changes To Low Value And Whiplash Claims
The Government introduced the Whiplash Reform Programme in 2021. One of the purposes of the programme was to reduce the number of false whiplash claims made. Under the Programme, you would only be able to claim through the new government portal if your injuries are valued below £5,000. What’s more, any financial losses you suffer due to the injuries should be valued below £10,000.
You would use the government’s official injury claims portal. And the amount you could receive would be determined by a fixed tariff. If you don’t know how much your claim is worth, don’t worry. You can call Legal Expert, and an advisor can value your claim and advise you on what action you should take next.
If your road traffic accident claim isn’t eligible to go through the Whiplash Injury claims portal, you could make a personal injury claim. What’s more, you can use the services of a solicitor to manage your claim. Your solicitor would value what general damages you can claim, based on your medical report and guidelines from the Judicial College. These guidelines are used by solicitors to value injuries.
The compensation table below contains figures from the Judicial College Guidelines. You can use it to check the potential value of your injuries. Alternatively, why not use our compensation calculator?
Please note, you may receive a different amount of compensation to what it says in our table. So, please feel free to contact us for a personalised compensation quote.
|Type Of Injury||Degree Of Injury||Payment||Notes About This Injury|
|Facial Injury||Nose or nasal complex fractures (c) (i)||£9,990 to £21,700||Multiple fractures or those which are serious and which need several operations to treat. They could cause permanent injury to the airway or facial deformity.|
|Facial Injury||Nose or nasal complex fractures (c) (ii)||£3,710 to £4,790||A displaced facial fracture where (following surgery) the person can make a full recovery.|
|Chest Injury||(c)||£29,380 to £51,460||Continuing disability which is caused by injury to the chest and the lung(s).|
|Chest Injury||(d) A relatively simple injury||£11,820 to £16,860||There will not be any long-term significant effects on lung function.|
|Brain Damage||Moderate (i)||£140,870 to £205,580||The person has sustained injuries such as a change to their personality, effects on their vision and could suffer the risk of epilepsy in the future. They are likely to be unable to work.|
|Brain Damage||Moderate (ii)||£85,150 to £140,870||The person will be unable to work, suffer an modest intellectual deficit and may develop epilepsy in the future.|
|Mental Anguish||Mental Anguish||£4,380||Where the person suffers the fear of death or that they will not live as long as they otherwise would have.|
|Back Injury||Moderate (i)||£85,470 to £151,070||Severe injuries such as damage to the nerve roots.|
|Pelvic / Hip Injury||Severe (i)||£73,580 to £122,860||There could be a dislocation at the lower back or extensive fractures and other injuries.|
|Pelvic / Hip Injury||Moderate (i)||£24,950 to £36,770||Moderate but significant injuries to the hips or pelvis. The injury is not major but may be permanent.|
General damages are compensation for the pain, suffering and loss of amenity caused by your injuries. In addition, you may be eligible to receive special damages. Special damages are compensation for the financial losses associated with your injuries. Below are some examples of special damages you could claim:
- Travel expenses
- Medical expenses
- Care expenses
- Loss of income
- Home adaptation and mobility equipment expenses
We hope that this guide to The Highway Code change has been helpful. If you’re able to claim compensation for an accident and injury that wasn’t your fault, we could help. We could connect you with a skilled solicitor to handle your claim.
Our talented solicitors have sound experience working with people who have been injured in a car accident. What’s more, if they accept your claim, they’d do so as a No Win No Fee claim.
Under No Win No Fee, you don’t have to:
- Pay an upfront or ongoing solicitor’s fee
- Pay the solicitor’s fee if the claim loses
If the claim wins, you’d pay a success fee to the solicitor, which is capped by law.
To claim compensation for a road traffic accident, please get in touch with us using the details below:
- Call Legal Expert on 0800 073 8804
- Use our online claims form to reach us
- Or you can ask us a question using the Live Support widget on the bottom right-hand side of your screen.
Please review these resources to learn more about claiming compensation for a road traffic accident.
A government guide to legal obligations for riders and drivers
If you’d like to know anything more about claiming and how The Highway Code change might affect this, why not reach out?
Written by Chelache
Edited by Victorine