If you are unlucky enough to be struck by a vehicle whilst out riding, then you should know what rights you have against the driver.
During 2022, the highway code was updated to give drivers clear guidance for passing equestrians safely.
Drivers are told to be particularly careful of horse riders around vehicles – especially when approaching, overtaking, passing or moving away.
They are also told to always pass wide and slowly. When a driver sees a horse on a road, the vehicle should slow down to a maximum of 10 miles per hour. The driver must exercise patience and must refrain from sounding their horn or revving the engine.
When safe to do so, the vehicle should pass wide and slow, allowing at least two metres of space.
Sadly, accidents are still happening.
Following a collision, and when it is safe to do so, after you have secured your horse, you should take the driver’s details, including their full name and address, registration number and contact number.
Take photographs of the location and vehicle damage. Report the collision to the Police.
The injuries caused to your horse which require veterinary treatment can be recovered from the driver. The veterinary charges form part of your special damages claims. In addition to veterinary costs, there may be other costs which follow on from the collision, including, but not limited to:
- Rehabilitation costs
- Replacement to saddle and tack
- Transport charges going to and from the vets
- Increased livery charges (assuming the horse requires extra care due to injuries sustained).
The general rule is that the driver is liable for any costs you incur as a result of the collision.
Keep a record of everything which you spend as a result of the collision.
If the collision results in your horse having to be destroyed, then you can make a claim for the value of the horse and disposal costs.
You can claim for loss of enjoyment. Loss of enjoyment falls under the non-fatal collisions and also covers the period post-accident when your horse has been confined to box rest whilst recuperating from injuries sustained.
If you are involved in a road traffic accident and want advice on remedies available to you, please contact the Equine Law team at Jacksons Law Firm.
