If you have taken your horse out on the road and have encountered a dangerous situation where either you or your horse have hurt themselves as a result of a vehicle user… you may have a claim! Between 1 January and 31 December 2022, 3,552 equine road accidents were reported to the BHS. These incidents left 125 horses and 139 people injured. Unfortunately, 68 of these horses died as a result.
In 2022, there were 3,383 incidents reported to BHS, 3 of which included human fatalities.
The Highway Code sets out guidance in relation to passing animals, which, if followed, could have saved many equine and human lives and also reduced the number of injuries.
Recommendations
As a horse rider myself, I know it is not always possible to hack out without having to ride on the road at times.
However, it is recommended that you wear a head or body cam to capture any irresponsible drivers and potentially assist, should you be involved in a collision.
A protective helmet, Hi-Viz wear and a body protector are also highly recommended.
If you have insurance, you may be covered by Before the Event Insurance.
Personal injury
You may have a personal injury claim should you have followed the Highway Code and a driver has either collided with you or your horse or if a driver has caused you to injure yourself. As stated previously, body-worn footage is extremely useful in these types of cases as it allows us to fully understand the circumstances.
If the worst has happened, and your horse has been put to sleep due to the collision, we could look to recover the cost of this should you have a case.
When determining whether or not you have a case, we must assess the duty of care owed to you, what the breach was and causation. We must be able to prove on the balance of probabilities that the driver of the vehicle was negligent.
There is a possibility that the driver will be prosecuted, this will assist but is not essential. If the driver is being investigated, we can bring a personal injury claim alongside this.
Please remember every claim is different, and advice will vary based on the facts.
Damages claim
If you have not been injured but your horse has, as a result of a negligent driver, we may be able to bring a claim for damages. If we are able to establish the same points as if it were a personal injury claim, then you could potentially claim damages for any veterinary bills, damaged tack, etc.
Please remember every claim is different, and advice will vary based on the facts.
Highway Code for drivers
The Highway Code provides guidance for all road users. A lot of the rules contained within are guidance, but some are mandatory, and should you disregard these, it is a criminal offence. Additionally, those that are advisory can still be used in court as evidence.
Rule 214 – “When passing animals, drive slowly. Give them plenty of room and be ready to stop. Do not scare animals by sounding your horn, revving your engine or accelerating rapidly once you have passed them. Look out for animals being led, driven or ridden on the road and take extra care. Keep your speed down at bends and on narrow country roads.”
Rule 215 – “Be particularly careful of horse riders and horse-drawn vehicles especially when approaching, overtaking, passing or moving away. Always pass wide and slowly. When you see a horse on a road, you should slow down to a maximum of 10 mph. Be patient, do not sound your horn or rev your engine. When safe to do so, pass wide and slow, allowing at least 2 metres of space.” “Horse riders are often children, so take extra care and remember riders may ride in double file when escorting a young or inexperienced horse or rider. Look out for horse riders’ and horse drivers’ signals and heed a request to slow down or stop. Take great care and treat all horses as a potential hazard; they can be unpredictable, despite the efforts of their rider/driver. Remember there are three brains at work when you pass a horse; the rider’s, the driver’s and the horse’s. Do not forget horses are flight animals and can move incredibly quickly if startled.”
Highway Code for Horse Riders
The Highway Code provides guidance for horse riders too. I have set out some of the key ones, but it is recommended that you understand the guidance prior to taking your horse out on the roads.
Rule 49 – Children under the age of 14 must wear a helmet. Other riders should also follow this requirement.
Rule 50 – Rider should wear boots/shoes with hard soles and heels, light-coloured or fluorescent clothing and reflective clothing if riding in poor visibility.
Rule 52 – all tack should fit well and be in good condition. You must make sure you can control the horse.
How can we help?
If you or someone you know has been involved in a road traffic collision, whereby there are injuries to the person and/or equine, and you wish to seek legal advice, please contact Leah or a member of the team on 01245 584549 or complete our online enquiry form.
Disclaimer: As every case is different the information provided in this blog is for general informational purposes only and does not constitute legal or medical advice. While every effort has been made to ensure the accuracy of the content at the time of writing, it should not be used as a substitute for professional advice or consultation with qualified professionals.
Additionally, if you believe you have been affected by professional negligence, you should consult with a qualified legal professional to discuss your specific situation. The information provided here does not establish a client-professional relationship, and the authors or publishers are not liable for any actions taken based on this information.