By Legal Futures Associate National Claims [1]
Road traffic accident claims are often associated with collisions between cars, vans and other vehicles. However, one area attracting greater attention is claims involving vulnerable road users.
As towns and cities continue to encourage walking, cycling and alternative forms of transport, the risks faced by those outside a vehicle are becoming more apparent. While drivers benefit from seatbelts, airbags and protective vehicle structures, vulnerable roadway users have little protection when an accident occurs.
The result is that even relatively low-speed collisions can lead to serious injuries and long-term consequences.
According to Department for Transport statistics, pedestrians, cyclists and motorcyclists consistently account for a disproportionate number of those killed or seriously injured on UK roads despite making up a smaller proportion of overall road users.
At National Claims [2] we have seen growing awareness of the challenges faced by pedestrians and cyclists following an accident, particularly where serious injuries have a lasting impact on day-to-day life.
This raises an important question for legal professionals and claims specialists, are vulnerable road users becoming the next major area of focus within road traffic accident claims?
Who are vulnerable road users?
The term vulnerable road user is generally used to describe individuals who are at greater risk of serious injury when involved in a collision.
Pedestrians, cyclists, motorcyclists, e-scooter riders and mobility scooter users are all commonly included within this category. Unlike vehicle occupants, they have little physical protection when an impact occurs.
When considering which is the most vulnerable road user, there is no single answer. The level of risk often depends on the circumstances of the collision. However, government data consistently shows that pedestrians and motorcyclists experience some of the highest rates of serious injury relative to the number of journeys made.
As active travel becomes more common across the UK, more pedestrians and cyclists are sharing road space with vehicles. While this brings health and environmental benefits, it can also create new challenges around road safety and liability.
Why more claims are being made
Several factors appear to be driving higher numbers of claims involving vulnerable road users.
Firstly, there are simply more people walking and cycling than there were a decade ago. Government investment in active travel schemes has encouraged greater use of bicycles and pedestrian routes, particularly in urban areas.
Secondly, awareness of legal rights is stronger than it was a decade ago. Individuals involved in accidents are often better informed about the claims process and the support available following an injury.
Thirdly, injuries involving vulnerable road users are often more severe than those suffered in low-speed vehicle-only collisions. A cyclist thrown from a bicycle or a pedestrian struck by a vehicle may suffer fractures, head injuries, spinal injuries or long-term mobility problems.
These injuries can have a significant impact on employment, independence and quality of life, making legal action more likely.
The human impact behind the statistics
While accident figures help identify trends, they do not always capture the reality faced by those involved.
For someone seeking compensation linked to a cyclist accident, or a cyclist pursuing a road traffic accident case, the claim itself is often only one part of a much wider recovery process.
The physical consequences can be substantial, but there are often financial and practical challenges as well. Time away from work, ongoing rehabilitation, medical appointments and the loss of independence can all have a lasting impact.
The same is true for cases involving a pedestrian hit by a car. Injuries that may initially appear straightforward can have long-term effects, particularly where recovery is prolonged or complications develop.
Common injuries caused by road traffic accidents [3] can range from soft tissue damage to serious fractures and head trauma, highlighting why collisions involving vulnerable road users often result in more severe outcomes than vehicle-on-vehicle incidents.
Why more attention is being paid to these claims
The legal principles surrounding liability remain largely unchanged. Drivers continue to owe a duty of care to other road users, particularly those who are more vulnerable.
What is changing is the level of attention being paid to these claims.
As local authorities invest further in cycling infrastructure, pedestrianisation projects and active travel schemes, questions around road design, visibility, driver awareness and shared responsibility are likely to play a much larger role.
At the same time, insurers, claims professionals and legal practitioners are seeing more cases involving individuals who were not inside a vehicle when the accident occurred.
This is particularly relevant as policymakers continue to encourage walking and cycling as part of wider transport and public health strategies.
Looking beyond traditional RTA claims
For many years, vehicle-on-vehicle collisions dominated the road traffic accident claims sector, but that is beginning to change.
The popularity of active travel, combined with stronger awareness of legal rights and the potentially serious consequences of these accidents, means vulnerable road user compensation claim UK cases are likely to account for a larger share of the wider RTA sector in the years ahead.
At National Claims, we are seeing growing awareness among pedestrians and cyclists of the support available following an accident, particularly where injuries have had a significant impact on their health, work or day-to-day life. As a result, claims involving vulnerable road users are becoming a more prominent part of the wider personal injury market.
For legal professionals, this presents an opportunity to better understand the unique challenges faced by vulnerable roadway users. For policymakers, it highlights the ongoing need to improve road safety measures. And for those injured while walking or cycling, it reinforces the importance of understanding the support and legal options available following an accident.
As road use continues to evolve, claims involving vulnerable road users are likely to become an increasingly important part of the road traffic accident sector. For organisations such as National Claims, that means continuing to help ensure injured pedestrians, cyclists and other vulnerable road users understand their rights and the options available to them following an accident.