Let’s face it; no one wakes up thinking, “Today seems like a good day for an accident.” But accidents happen, and when they do, the road safety rules we often overlook suddenly become very important. In the UK, road safety isn’t just about preventing accidents; it also plays a crucial role in what happens after an accident. That’s right, road safety initiatives can affect your accident claim. Whether you’re a pedestrian, cyclist, driver, van operator, or bus driver, understanding how these rules influence your compensation claim can make a big difference. This is why Bonnar Accident Law is going to keep you informed on road safety initiatives and how they affect your road traffic accident claim.

In this blog, we’ll break down the current road safety measures in the UK and specifically Scotland, and explain how they might impact your accident claim. So, buckle up; let’s dive in!

Overview of Road Safety Initiatives in Scotland

Here are the four major road safety initiatives in Scotland that you need to be aware of. Aligning yourself with these will help you stay safe on the road. And in case you do get in an accident, you will understand how your road traffic accident claim will be affected by it.

National Road Safety Framework for 2030

First off, Scotland has big plans for road safety. The National Road Safety Framework for 2030 is like Scotland’s master plan for making roads safer. The vision? “Scotland will have the best road safety performance in the world by 2030.” Ambitious? Yes. Impossible? Not if we all do our part. And Bonnar Accident Law is a huge advocate of safety on the road and the workplace, we want you to actively contribute towards this Framework. Learn more about it, learn how you can take part, and adopt measures that ensure that you are safe on the road, as well as other road users are safe from you.

This framework focuses on:

• Vision Zero:
  The framework sets an ambitious long-term goal of zero fatalities and serious injuries on Scotland’s roads by 2050, with an interim target to halve such incidents by 2030.
• Safe System Approach:
  Adopting the Safe System methodology, which emphasises that road deaths and injuries are preventable and focuses on creating a road environment where human errors do not lead to serious harm.
• Safe Road Use:
  Promoting responsible behaviour among all road users, including adherence to traffic laws, avoiding distractions, and not driving under the influence of alcohol or drugs.
• Safe Roads and Roadsides:
  Enhancing road infrastructure to reduce the risk of accidents, such as improving road design, and signage, and implementing measures to protect vulnerable users like pedestrians and cyclists.
• Safe Speeds:
  Setting and enforcing appropriate speed limits to ensure that vehicle speeds are safe for road conditions and minimise the risk of severe collisions.
• Safe Vehicles:
  Encouraging the use of vehicles equipped with advanced safety features and ensuring regular maintenance to keep them roadworthy.
• Post-Crash Response:
  Improving emergency response services and medical care to reduce the severity of injuries following a road accident.
• Local Partnership Forums:
  Establishing forums to enhance collaboration between national and local authorities, communities, and stakeholders to address specific road safety challenges effectively.
• Data-Driven Decision Making:
  Utilising accurate and timely data to inform road safety policies, identify high-risk areas, and monitor the effectiveness of implemented measures.
• Public Engagement and Education:
  Raising awareness and educating the public on road safety issues through campaigns and programs to foster a culture of safety among all road users.

This isn’t just about reducing the number of accidents; it’s about reducing the severity of accidents that do happen.

Implementation of 20mph Speed Limits

You might have noticed more 20mph zones popping up in towns and cities across Scotland. Places like St Andrews in Fife have fully embraced these lower speed limits, and for good reason. According to Transport Scotland, reducing speed limits to 20mph can significantly decrease the likelihood and severity of accidents.

Lower speed limits:

• Reduce stopping distances:
  At 20mph, you can stop in about half the distance compared to 30mph. Depending on this factor alone, you can significantly reduce the impact.
• Lower the impact of collisions:
  A pedestrian hit at 20mph has a 90% chance of survival, compared to just 50% at 30mph. This percentage is critical to your life and health, and it impacts your compensation claim as well. At lower speeds, you will walk away with minor injuries, but at higher speeds, it may turn life-altering or even fatal.
• Create a safer environment:
  Especially for vulnerable road users like children and the elderly. This is crucial as children are usually not easily spotted due to their height. And the elderly may not be able to respond to a critical situation as quickly as someone younger than them. Also, both children and the elderly have a higher risk involved in the same impact which may not overly affect a healthy young person.

And here’s where it ties into accident claims: If you’re involved in an accident in a 20mph zone, whether or not the speed limit was being followed can heavily influence the outcome of your claim.

Pavement Parking Restrictions

Ever had to squeeze past a car parked on the pavement, dodging traffic just to stay on your route? Glasgow has had enough of that, introducing strict pavement parking bans. Under the new rules, parking on pavements, double parking, and parking at dropped kerbs can get you fined.

Why this matters for accident claims :

• Improved pedestrian safety:
  Fewer obstacles mean fewer accidents. It’s as simple as that. If pedestrians, cyclists, and other road users can navigate the route with safety, everyone stays safe.
• Clear liability:
  If a car is parked illegally and causes an obstruction that leads to an accident, the driver is likely to be held responsible. In this case, it becomes crucial for your compensation claim to know where the liability falls.

Stricter pavement parking restrictions are helpful for everyone on the road as they create a safe environment for all road users.

 

National Speed Management Review

The National Speed Management Review is Scotland’s way of asking, “Are we driving too fast?” One proposal is reducing the speed limit on single-carriageways from 60mph to 50mph. This might not sound like a big deal, but studies show that even small reductions in speed limits can lead to fewer fatal crashes, especially in rural areas where emergency response times can be longer.

For accident claims, this means:

• Speed limit compliance matters:
  If you’re speeding, even by a little, it can affect your compensation. So be vigilant on the road, look at the speed limits, and follow them strictly.
• Changing liability landscapes:
  As speed limits drop, expectations around safe driving behaviour shift. At a speed lower than the road limit, the liability may shift from one road user to the other.

Lower speed limits are great for everyone on the road as these provide you with a safe road to use. This is of utmost importance in rural areas where emergency response is usually delayed. These lower speed limits will become a crucial reason for accident statistics to drop in the future.

Impact of Road Safety Initiatives on Accident Claims

Here we talk about how all the road safety initiatives can affect your road traffic accident claim. Read on as Bonnar Accident Law wants you to be aware of these in case you ever get into a road traffic accident.

Here goes:

Influence on Liability Determination

Let’s talk about liability; who’s at fault when an accident happens? Road safety initiatives play a big role here. Courts and insurance companies look closely at whether all parties followed the rules.

Here are some of the pointers they look for:

• Speed Limit Compliance:
  Say you’re hit by a driver going 35mph in a 20mph zone. Even if they claim it wasn’t their fault, their speeding can be used as evidence of negligence. Driving over the speed limit is a major factor in liability decisions. If a driver was speeding at the time of the accident, they’re often considered partially or fully at fault, as exceeding speed limits reduces reaction times and increases stopping distances.
• Pavement Parking Violations:
  Imagine tripping over a poorly parked car on the pavement. The fact that the car was parked illegally strengthens your case. Parking on pavements can obstruct pedestrian pathways and create visibility hazards for other road users. If an accident occurs due to a vehicle illegally parked on a pavement, the parked vehicle’s owner may bear some liability, especially if it contributed to restricted views.
• Adherence to Traffic Signals and Signs:
  Failing to obey traffic lights, stop signs, or give-way signs is a common cause of road accidents. If one party ignores a traffic signal, they’re typically held liable for the resulting collision.
• Use of Mobile Phones or Distractions While Driving:
  Distracted driving, especially using mobile phones, significantly affects liability. If it’s proven that a driver was texting, calling, or otherwise distracted, they’re more likely to be found at fault.
• Weather and Road Conditions:
  Drivers are expected to adjust their driving according to road and weather conditions. Liability can shift if a driver fails to slow down during rain, snow, or icy conditions, even if they are technically within the speed limit.
• Vehicle Maintenance and Roadworthiness:
  A poorly maintained vehicle can contribute to accidents. Faulty brakes, worn tyres, or malfunctioning lights can shift liability to the driver or even the vehicle owner if neglect is proven.
• Alcohol or Drug Influence:
  Driving under the influence of alcohol or drugs heavily influences liability. Not only is it a criminal offence, but it also often leads to full liability for any accidents caused under such conditions.
• Failure to Signal or Improper Lane Changes:
  If a driver fails to use indicators properly or makes sudden, unsafe lane changes without warning, they can be held liable as this behaviour creates unexpected hazards for others.
• Pedestrian Conduct:
  While drivers have a duty of care towards pedestrians, liability isn’t always one-sided. If a pedestrian crosses the road recklessly (e.g., jaywalking, crossing outside designated crossings, or stepping into traffic suddenly), they may share liability.
• Dashcam or CCTV Evidence:
  Modern claims heavily rely on footage from dash cams or public/private CCTV systems. This evidence can clearly show the sequence of events, helping to determine liability more accurately, sometimes overturning initial assumptions based on witness statements alone.

Simply put, following road safety rules can protect you from being found at fault. Breaking them? Not so much.

Effect on Compensation Amounts

Even if you’re partially to blame for an accident, you are still entitled to a road traffic accident claim in Scotland. This is where contributory negligence comes in. Your compensation might be reduced based on your share of the blame.

Consider these examples:

• Case 1:
  A pedestrian is hit by a car going 30mph in a 20mph zone. The driver’s speeding increases the pedestrian’s compensation.
• Case 2:
  A cyclist without proper lights is hit by a car driving within the speed limit. The cyclist’s lack of lights might reduce their compensation by 20-30%.

These are two examples for you to understand how compensation claim can be affected by following or breaking the rules.

 

Role of Evidence on Claims

Evidence is king when it comes to accident claims. Whether it’s dashcam footage, witness statements, or police reports, documentation can make or break a case.

Key pieces of evidence include:

• Traffic Camera Footage:
  CCTV or traffic camera recordings can provide unbiased, real-time evidence of how the accident occurred. This footage helps establish fault, vehicle positions, and whether any traffic violations occurred.
• Witness Statements:
  Independent eyewitness accounts from bystanders, other drivers, or passengers can support or challenge the involved parties’ versions of events, especially when there’s conflicting information.
• Dashcam Footage:
  Personal dashcams have become crucial in road accident claims. They offer clear, timestamped visuals of the incident, which can be invaluable in proving liability or clarifying disputed facts.
• Photographs from the Scene:
  Photos taken immediately after the accident showing vehicle damage, road conditions, skid marks, traffic signs, and injuries provide visual context that can support claims about how the accident unfolded.
• Police Reports:
  If the police attended the scene, their official report often includes important details like preliminary fault assessments, statements from involved parties, and notes on traffic violations or other contributing factors.
• Medical Records and Reports:
  Documentation of injuries sustained in the accident, including hospital records, GP notes, and specialist reports, helps establish the extent of physical harm, which directly impacts compensation amounts.
• Accident Reconstruction Reports:
  In complex cases, accident reconstruction experts may be used to analyse the evidence and recreate the incident. Their professional reports can clarify details such as vehicle speed, impact angles, and the sequence of events.
• Vehicle Damage Assessment Reports:
  Professional assessments detailing the extent and nature of vehicle damage can provide insight into the severity of the collision and help determine factors like the point of impact or speed at the time of the crash.
• GPS and Telematics Data:
  Data from GPS devices, mobile phones, or telematics systems (often installed in company vehicles) can reveal critical information like speed, braking patterns, and exact locations before, during, and after the accident.
• Road and Weather Condition Reports:
  Evidence about road conditions (like potholes, roadworks, or signage issues) and weather at the time of the accident can influence liability decisions, particularly if adverse conditions contributed to the incident.

Collecting as much relevant evidence as possible strengthens a road traffic accident claim, helping the expert solicitors from Bonnar Accident Law build a more compelling case and increasing the chances of a successful outcome.

Specific Considerations for Different Road Users

Here are some specific considerations for you to remember whether you are a pedestrian, a cyclist, a motorist, a motorcyclist, a car driver, a bus driver, etc.:

Pedestrians

Pedestrians are vulnerable, and many road safety initiatives focus on protecting them.

If you’re a pedestrian involved in an accident:

• Illegal Parking:
  If a car parked illegally forces you into the road and you get hit, that illegal parking strengthens your claim.
• Speeding Drivers:
  If you’re hit in a 20mph zone by someone going faster, their speeding will likely put more liability on them.

Cyclists and Motorcyclists

Cyclists face unique risks. Dedicated bike lanes and lower speed limits help, but accidents still happen.

Here’s what to remember:

• Driver Negligence:
  If a car cuts you off without checking its blind spot, it’s a strong case for driver negligence.
• Cyclist Compliance:
  Using lights, wearing helmets, and following traffic laws can protect you legally and physically.

Motorists (Cars, Vans, and Buses)

Drivers of all types need to follow road safety laws.

In an accident:

• Speeding:
  Even going 5mph over the limit can shift liability.
• Pavement Parking:
  If you park illegally and cause an obstruction that leads to an accident, you could be held partially or fully responsible.

Legal Perspective on Road Safety Compliance

Here are a few legal perspectives on road safety compliance that you need to be aware of:

Statutory Duties and Responsibilities

Under UK law and Scottish law, all road users must act responsibly.

This includes:

• Obeying Speed Limits:
  All road users must adhere to posted speed limits. Speed limits are set based on road conditions, traffic flow, and safety considerations. Exceeding them not only increases the risk of accidents but can also affect liability in the event of a collision.
• Avoiding Illegal Parking:
  Parking in restricted zones, on pavements, near junctions, or in bus lanes can create visibility hazards and obstruct traffic flow. Illegal parking can lead to fines and may contribute to liability if it causes or worsens an accident.
• Using Proper Signals and Lights:
  Drivers are legally required to use indicators when turning or changing lanes to communicate their intentions clearly to other road users. Additionally, using headlights correctly—especially in poor visibility—is vital for safety.
• Maintaining Vehicle Roadworthiness:
  It’s a legal duty to ensure your vehicle is roadworthy. This includes having a valid MOT, functioning brakes, lights, tyres with legal tread depth, and other essential safety features in good condition.
• Adhering to Traffic Signs and Road Markings:
  Road signs and markings are designed to regulate traffic and ensure safety. Ignoring them, such as running a red light or crossing double white lines, is a legal offence and can result in penalties or increased liability in an accident.
• Driving Without Distractions:
  The law prohibits the use of handheld mobile devices while driving. Road users must stay focused, avoiding distractions like texting, adjusting in-car entertainment, or eating, which can impair reaction times and decision-making.
• Ensuring Fitness to Drive:
  Drivers have a legal responsibility to ensure they are physically and mentally fit to operate a vehicle. This includes not driving under the influence of alcohol, drugs, or when excessively fatigued. Certain medical conditions must also be reported to the DVLA.
• Respecting Pedestrian Crossings:
  Drivers must give way to pedestrians at designated crossings, such as zebra crossings. Failing to stop when required can result in fines, points on a licence, and increased liability if an accident occurs.
• Providing Insurance and Licence Documentation:
  It’s mandatory for all motorists to have valid insurance, a driving licence, and road tax. Failure to produce these documents when requested by law enforcement can lead to legal consequences.
• Duty of Care to All Road Users:
  Regardless of the mode of transport—whether driving, cycling, or walking—everyone has a legal duty of care. This means acting in a way that does not endanger others, exercising caution, and being considerate of more vulnerable road users like cyclists, motorcyclists, and pedestrians.

Failing to meet these duties can lead to criminal charges and affect civil compensation claims. These statutory duties reflect not just legal obligations but also the shared responsibility of making Scotland’s roads safer for everyone. Failing to meet these duties can impact both criminal liability and civil claims following an accident.

Case Studies

Consider these case studies:

• Case Study 1:
  A pedestrian was hit by a car in a 20mph zone. The driver was going 30mph. The court assigns 80% liability to the driver and 20% to the pedestrian, who was distracted by their phone.
• Case Study 2:
  A cyclist without lights is hit by a van. The van was within speed limits but didn’t check its blind spot. Liability is split 60% (van) and 40% (cyclist).

These two examples give you a gist of how liability can be shifted based on how both parties were following the law.

Practical Advice for Road Users

Road safety laws change. They are never the same. Based on the data received and the statistics, laws are amended to accommodate everyone and ensure the utmost safety for everyone on the road.

Stay updated by:

• Checking Transport Government Websites:
  Regularly visiting official websites like Transport Scotland and the UK Government’s Department for Transport provides the latest updates on road laws, regulations, and safety initiatives.
• Following Local Council Updates:
  Local councils often implement area-specific traffic rules, roadworks, and safety measures. Checking their websites or subscribing to newsletters keeps road users informed about changes in their locality.
• Participating in Road Safety Awareness Campaigns:
  Engaging with national and local road safety campaigns, such as Scotland’s Road Safety Framework to 2030, helps road users learn about new laws, safety practices, and government initiatives aimed at reducing accidents.
• Staying Informed Through News Outlets:
  Keeping an eye on trusted news sources, both online and offline, helps road users stay updated on major law changes, road safety developments, and enforcement crackdowns across Scotland.
• Using Road Safety Mobile Apps:
  Apps like Highways UK, Waze, or local council traffic apps often provide real-time updates on road conditions, traffic changes, and new regulations affecting road users.
• Attending Defensive Driving or Refresher Courses:
  Enrolling in defensive driving or advanced motoring courses not only improves driving skills but also educates road users on the latest traffic laws, safety guidelines, and legal obligations.
• Following Social Media Accounts of Transport Authorities:
  Agencies like Police Scotland, Road Safety Scotland, and local councils maintain active social media pages where they post real-time updates, legal changes, safety tips, and public service announcements.
• Reviewing the Latest Edition of The Highway Code:
  The Highway Code is regularly updated to reflect new rules, regulations, and road user responsibilities. Checking the latest edition (available online or in print) is crucial for staying compliant.
• Consulting Legal and Road Safety Blogs:
  Reading blogs from law firms like Bonnar Accident Law specialising in road traffic law or road safety organisations provides easy-to-understand explanations of new laws, legal case studies, and practical advice for road users.
• Joining Local Driving or Cycling Groups:
  Being part of local motoring clubs, cycling groups, or pedestrian safety organisations helps road users stay informed through discussions, events and shared updates on new traffic laws or safety concerns relevant to their community.

Staying informed isn’t just about avoiding fines or legal trouble—it’s key to ensuring personal safety and contributing to a safer road environment for everyone in Scotland.

Road safety initiatives aren’t just about preventing accidents; they also play a big role in what happens after an accident. Following these rules can strengthen your accident claim while breaking them can complicate things.

Stay informed. Stay safe. And if the worst happens, know your rights. Because road safety isn’t just about rules; it’s about protecting you.

Hire Bonnar Accident Law for Road Traffic Accident Claim

At Bonnar Accident Law, we’re always happy to help you with your road traffic accident claim. We specialise in road traffic accident claims and know the ins and outs of navigating the law to get you the compensation you deserve.

Call us today for a no-win-no-fee compensation claim!