As a vulnerable road user can I make a claim in a road traffic accident?

Yes, as a vulnerable road user you can make a compensation claim if you have suffered an injury that you do not believe was your fault.

In fact, the UK Highway Code protects those most at risk and places a higher responsibility on those travelling in heavier vehicles.

Vulnerable road users are those who are at greater risk of injury while using the road.  

Unlike car drivers, vulnerable road users do not benefit from the protection of seatbelts, airbags, or the structure of a vehicle.

Therefore, if a vulnerable road user is involved in an accident, the impact can be catastrophic, and this can significantly increase the severity of the injuries suffered as well as make it even more important to seek advice about making a claim for compensation.

At Battens Solicitors, we have decades of experience handling road traffic accidents, with expertise in supporting vulnerable road users with bringing their claim, seeking appropriate rehabilitation, and helping with their recovery.

Who qualifies as a vulnerable road user?

Pedestrians

Pedestrians include children, older people, those with sight and / or hearing loss, and those with a mobility impairment. All road users must consider the safety of pedestrians and give them the time and space they need to use the road safely. Extra caution should be taken around children, as they can behave unpredictably.

Cyclists

Cyclists are more vulnerable on the road because they can be harder to see and often travel at slower speeds. Drivers should leave as much space as possible when passing cyclists (at least 1.5 metres) and take extra care when overtaking on roundabouts, at junctions, or on bends where oncoming traffic may not be visible.

Motorcyclists

Although motorcyclist fatalities have reduced since 2004, motorcyclists still make up one of the largest groups of road users killed in collisions. In 2024, motorcyclists accounted for 21% of all road fatalities, of which 69% occurred in rural areas. This is particularly relevant in the southwest where many rural roads make it even more important for car drivers to take extra care.

As with cyclists, extra care should be taken around motorcyclists because they can move between vehicles and may pass closely. Drivers should always double-check for motorcycles when emerging from junctions, and particularly during the summer months when more riders are on the road.

Horse riders

When passing horses on the road, drivers should travel very slowly and allow at least 2 metres between the rider and car as noise can startle horses. This may cause the horse to behave unpredictably, putting the rider and others nearby at risk. Extra precautions should be taken in the countryside and where caution horse riding signs are displayed.

Mobility scooter users

Mobility scooters are a common presence on the roads and especially in city centres.  Although users are not required to hold a driving licence or pass a driving test, they must still follow the rules of the road.  Mobility scooters may be used on designated footpaths, cycle lanes and roads, although they are prohibited on motorways. As they travel at speeds up to 8 mph only, they are inherently more vulnerable on the road.

Additional protections for vulnerable road users

In 2022 the UK Government introduced additional protections for vulnerable road users, including:

• Hierarchy of road users – A hierarchy in which the most vulnerable are placed at the top: (1) Pedestrians – children, older adults and disabled people; (2) Cyclists, horse riders and drivers of horse-drawn vehicles; and (3) Drivers of large goods and passenger vehicles, vans/minibuses, cars/taxis, and motorcycles.
• Pedestrian priority – Drivers are now expected to stop earlier if a pedestrian appears to be intending to cross, placing greater responsibility on motorists to act with awareness and patience.   This includes pedestrians crossing or waiting to cross at junctions, who have priority.  The rules also state that drivers should be particularly aware of pedestrians and cyclists near schools.
• Passing cyclists and others – Drivers should allow at least 1.5 metres when overtaking a cyclist, 2.0 metres and reducing your speed to under 10 mph when overtaking a horse rider, and at least 2.0 metres when overtaking pedestrians walking in the road (where there is no pavement).
• Plus further protections – including not turning at a junction should it cause a cyclist or horse to stop or swerve, giving way to cyclists in a cycle lane, and not cutting across cyclists when turning or changing lane.

The overriding message remains that all road users have a duty to proceed with extreme caution when encountering a vulnerable road user, and not least due to the severity of injuries that can be suffered.

What do I need prove to bring a claim?

You must show that the other party was at fault for your accident, i.e. they were responsible for causing the accident and any injuries sustained in that accident.

Make sure that you obtain full details of the person responsible for the accident, and if this was a vehicle or motorbike, ensure that you have the vehicle registration number.

If you are unfortunate enough to have suffered significant injuries, the Police will attend and they will gather information of the parties involved and details of witnesses. A copy of the Police Report can be obtained if necessary.

What if I am partly at fault?

Accidents can occur where both parties share equal fault, or where one party is more at fault than the other but both parties bear some of the responsibility.

Even if you are partly at fault for an accident, you can still claim compensation.

Why make a claim?

Making a claim cannot undo what has happened, but it may help you access rehabilitation and support your recovery.

We at Battens can advise you of what you can claim for. This includes a sum of money for the physical and psychological injuries caused by the accident, as well as a number of other things which can include: lost earnings, care costs including any future needs, treatment costs including any need for rehabilitation, property damage including damage to your vehicle, and travel expenses for hospital visits or ongoing treatment needs.  

How can Battens help?

At Battens, we have a dedicated personal injury team acting for clients involved in road traffic accidents. Claims range from those involving relatively minor injuries to those resulting in life-changing injuries and consequences. Where an accident involves a vulnerable road user, we often find the injuries and losses can be more significant, and therefore it is important to seek independent legal advice.

If you’ve had an accident which wasn’t your fault, please feel free to contact us for a no- obligation chat.