Month: November 2022

A viral video showing a motorist colliding with a cyclist on a zebra crossing in Bradford has divided opinion, and shows just how difficult it can be in apportioning blame for accidents of this type. In the 11-second video, the rider begins to cycle across the zebra crossing just as a motorist drives over it without stopping. Seconds later, a second vehicle also fails to stop at the crossing and collides with the bike’s front wheel, causing it to veer off course and the cyclist to swiftly jump off his bike to avoid falling as the motorist drives off.    

The question that divided social media users was whether the cyclist, motorist or both parties were at fault for what could have been a tragic accident. Many pointed to rule 81 of the Highway Code which states with reference to cyclists: ‘Do not ride across a pelican, puffin or zebra crossing. Dismount and wheel your cycle across’. The cyclist had clearly broken the Highway Code by failing to dismount and walk his bike over the zebra crossing, in which case both motorists would have been obliged to stop as they would for any other pedestrian. Further criticism included the fact that the cyclist did not wait for the traffic to stop before crossing, as well as his lack of high visibility clothing and helmet.

Other viewers believed that the second driver, in particular, was not paying attention and should have seen the cyclist and had time to stop at the zebra crossing, thus avoiding the collision. Motorists also owe cyclists a duty of care, and are obliged to drive safely and take reasonable care to avoid putting other road users at risk. In this instance, a careful and competent driver should have seen the cyclist on the zebra crossing and stopped to let them cross, rather than recklessly endangering him by failing to stop and causing a collision.

The consensus therefore was that both parties were at fault, though the degree of respective culpability and hence legal liability was hotly disputed. Often in the case of collisions involving cyclists and motorists, both parties are to some extent to blame, and this is the main reason why cyclists injured at zebra crossings and junctions should engage solicitors with experience and expertise in this area of law to obtain the best possible outcome.

https://www.bartlettslaw.co.uk/road-accident-claims/when-can-a-cyclist-claim-against-a-motorist.html

The tragic death of Awaab Ishak at his family’s housing association property in Rochdale in December 2020 has been labelled a ‘defining moment’ for the housing sector at the child’s inquest, with the government further stating that providers are being put ‘on notice’. This includes Rochdale Boroughwide Housing (RBH), the housing association responsible for the home where Awaab died from ‘chronic exposure to mould’. 

The inquest concluded that the two-year-old’s death was the result of a severe respiratory condition caused by prolonged exposure to damp and mould at his home on the Freehold estate in Rochdale, ultimately leading to respiratory failure. The property was judged to be inadequately ventilated, which was a prime reason for excess damp, condensation and mould spreading, and was also described as ‘unfit for human habitation’ by experts. 

The inquest heard that no action had been taken by RBH to treat and remove the mould, despite the child’s parents having reported the disrepair issue three years before Awaab’s death. Concerns had also been expressed by health professionals that mould at the property could have an impact on the child’s health, but this similarly failed to lead to repair work being undertaken by the housing association.

Conditions at the family’s home do not appear to be unique, with Sky News revealing that RBH has received 106 formal complaints from tenants about damp and mould in their properties over the last 12 months. This may considerably underestimate the scale of the problem according to a former RBH employee who spoke to Sky, but it is clear that damp and mould poses an ongoing health risk to numerous housing association tenants, not only on the Freehold estate, but all across the country.

Find out more about suing a housing association for disrepair, including damp and mould:

https://www.bartlettslaw.co.uk/accidents-at-home/suing-a-housing-association-for-injury.html

How can you prevent road rage? If you’re involved in an accident caused by road rage, are you covered by your car insurance policy? What if you’re the aggressive driver at fault?

Our new Guide, provided by UK price comparison website Comparethemarket, answers all those questions and more, whether you feel frustrated on the roads, or you’re worried about the behaviour of other drivers:

Understanding and Preventing Road Rage: An Essential Guide

Guide provided by:

Transport for London (TfL) and London Councils (the local government association for Greater London) recently announced that they are extending the UK’s largest e-scooter rental trial in the capital for at least another year, in response to recently updated Department for Transport (DfT) guidance that allows local authority trials to continue until at least May 31, 2024. The extension also follows the UK government’s announcement of plans for forthcoming legislation to create a new ‘low-speed, zero-emission’ vehicle category, which would include e-scooters and seek to fully integrate them into the urban transport landscape.     

London’s e-scooter rental trial was launched in June 2021 and has since grown rapidly, with a reported 4,425 e-scooters now available to hire across the city and almost two million journeys taken thus far. The main aim of all the e-scooter trials currently operating across the country is to use the accumulated data to learn more about e-scooters, and thereby shape future policy regarding their use on UK roads and in other public areas, particularly in terms of providing an affordable, green and sustainable urban transport alternative.

In this context, TfL stated that high safety requirements and operating standards will be further enhanced for the next phase of the capital’s e-scooter trial. They will be based on the experience to date, both in London and other cities and countries, as well as customer and stakeholder feedback and improvements in e-scooter technology.

Public safety is clearly the central priority, and riders will require public liability insurance if and when privately-owned e-scooters become legal to use on public land, including public roads. Currently, pedestrians, cyclists and other road users have little chance of legal redress if they are involved in an accident with a private e-scooter, although rental e-scooters are covered by insurance taken out by the operator.

Find out more about responsibility for e-scooter accidents and claiming compensation for being injured by an e-scooter rider:

https://www.bartlettslaw.co.uk/road-accident-claims/who-is-reponsible-for-an-escooter-accident.html

As regular readers of our blog and social media will be aware, we regularly cover exhibitions and events at National Museums Liverpool’s venues, particularly the Walker Art Gallery, World Museum, Museum of Liverpool and Merseyside Maritime Museum.

While National Museums Liverpool’s museums and galleries are free to visit, there is also the option of becoming a National Museums Liverpool member, which apart from offering a range of exclusive benefits also helps with every aspect of maintaining and running the organisation’s seven unique and world-renowned museums and galleries.

Membership benefits include unlimited free access to all exhibitions across the organisation’s venues, as well as to the Planetarium and The Old Dock Tour. Members enjoy priority booking, meaning first access to presale tickets for what are often highly-anticipated blockbuster exhibitions, and are always the first to know about what is happening via regular e-newsletters containing news, exhibitions and free event listings. An Exhibitions and Events guide is also delivered directly to all members.

In addition, special members-only events are held regularly, often focusing on a new exhibition at a particular venue, and sometimes featuring talks and Q&A sessions with invited speakers. Members also have the chance to explore exhibitions outside of normal opening hours while enjoying a complimentary tea or coffee, and are entitled to a 15% discount at the cafes and  restaurants spread across National Museums Liverpool’s museums and galleries, as well as in the gift shops and online shop. 

Annual individual adult memberships are currently priced at £40 or £30 for concessions (60+/Student), while joint adult memberships are available for £70 (£50 for concessions). Family memberships (one adult and up to three children) cost £45 or £75 for up to two adults and three children). You can find out more and become a member on the National Museums Liverpool website:

https://www.liverpoolmuseums.org.uk/join-and-support/membership