Recent High Court Case Highlights Road User Responsibility
In a recent High Court case – Palmer v Timms* [2024] EWHC 2292 – the challenging conditions of urban road use and questions surrounding road user responsibility from all parties have been raised.
This case involved claimant Louise Palmer against Russell Timms after a fatal road accident involving her husband, Simon Palmer. The accident happened when Mr Palmer – while filtering through heavy traffic on his motorcycle – attempted to undertake in a narrowing gap beside the lorry being driven by Mr Timms, leading to the collision.
While the High Court found Timms negligent for a leftward manoeuvre that caused the collision, it also assigned one-third of contributory negligence to Mr Palmer. Although both drivers were found to be partially at fault, with Mr Palmer needing to take responsibility to try and ensure his own safety, the court determined that the lorry driver bore the greater responsibility. Given that the lorry driver was in charge of the larger vehicle, it posed a greater risk of causing significant damage to more vulnerable road users. The judge emphasised that:
‘The tragic incidence of harm being caused by large vehicles to two-wheeled road users are all too common and everyone who drives in the city is fully familiar with the risks arising therefrom. Mr Timms, as a professional driver, should have been all too well aware of the danger his vehicle could pose to others, and as already mentioned he did not shy away from that fact. There was a very substantial destructive disparity.’
This recent case highlights the importance of driver awareness and the responsibility for road safety hierarchy, especially in challenging or busy urban road conditions. Furthermore, drivers of larger vehicles must be especially conscious of the vulnerabilities of smaller vehicles.
What is Road Safety Hierarchy?
In 2022, the Highway Code was updated to improve the safety of all road users, particularly those deemed most at risk. The ‘hierarchy of road users’ was added to the introduction of the Highway Code, which included three new rules about road user responsibilities.
The hierarchy was introduced to ensure that those who can cause the most harm in a road traffic collision, such as those in vehicles, bear the ‘greatest responsibility to reduce the danger they may pose to others’.
According to the new rules, the hierarchy of road users – based upon their vulnerability – is in order of priority: Pedestrians are given the highest priority, then cyclists, horse riders, motorcyclists, cars/taxis and vans/minibuses, with large passenger and heavy goods vehicles placed at the bottom. Under the revised safety code, a lorry driver holds greater responsibility over someone driving a car or motorcycle. Likewise, the driver of a car has a greater responsibility over a cyclist, and a cyclist has greater responsibility over a pedestrian.
Read more about the latest road safety campaigns in our recent article:
Should Drivers Under 21 Be Stopped from Carrying Similar-Age Passengers
Road Traffic Accident Solicitors
At Bridge McFarland LLP, our road traffic accident solicitors have helped many cyclists and motorbike riders injured in road accidents, even where the accident is partially their fault. We also help clients to claim compensation when the party responsible for the accident is uninsured or even untraceable, for example, in a hit-and-run scenario.
If you are seeking legal advice about a cyclist or motorbike accident you or a loved one have suffered or want more information about making a compensation claim, contact our team to discuss your case.
Get in touch with our Bike Accident solicitors at Bridge McFarland LLP
At Bridge McFarland LLP, based in Grimsby, Hull, Lincoln, Louth, Market Rasen, and Scarborough, our bike accident lawyers are knowledgeable, compassionate, and friendly, with decades of experience guiding clients through road accident compensation claims.
If you require support, please call 0800 987 8800 or email [email protected].
