© Horses & Road Safety Awareness 2021
HRSA Horses & Road Safety Awareness
Promoting safety for horses & riders on UK roads

Legal Advice

Horse accident specialists HorseSolicitor have provided all the following advice and articles for the benefit of HRSA readers. If you have been involved in an accident and think you may have a claim get in contact.

Accidents: What to do

In cases of serious injury then someone needs to call 999 Even if it’s not a 999 scenario you should report the accident to the police using the 101 number Take details of any other parties involved in the accident. The more information you can get the better but you need at least their name, address and vehicle registration number (if relevant) See if there are any witnesses who will give you their details. Here you want name, address and phone numbers Take photographs of the accident scene and any vehicles and animals involved. In the case of vehicles you should try to get pictures of the number plate, any damage, and its position on the road; Call HorseSolicitor (01446 794196) sooner rather than later. People are usually far more willing to admit liability for something they’ve done in the immediate aftermath than when you try to bring a claim 2 years down the line.

Claiming after a hit and run

In cases where the person responsible for an accident drives off or cannot be traced it is still possible to claim compensation if the accident results in personal injury. In such cases we do not know who the person responsible is and therefore cannot obtain their insurance details to make a claim against their insurer. However, an organization called the Motor Insurers' Bureau (MIB) exists to compensate victims of negligent untraced drivers (and uninsured drivers). MIB claims are subject to different rules and timescales to standard personal injury road traffic accident claims and expert advice is essential to avoid falling foul of the pitfalls. HorseSolicitor specialises in MIB untraced driver and hit and run claims. Types of claim that can be made to the MIB under the untraced drivers' agreement include: - Hit and run accidents - Driver spooking a horse resulting in injury but failing to stop - Objects negligently deposited on the road arising out of the use of a motor vehicle which results in injury The MIB frequently rejects valid claims at first instance leading to the requirement to appeal to an arbitrator (one of 5 QCs) who will provide a Preliminary Decision on paper. There is then a further right to Appeal (oral hearing). One of HorseSolicitor's directors handled the first ever oral hearing. Solid MIB expertise is required in these claims. If you you have sustained injury as a result of a negligent untraced driver call HorseSolicitor on 01446 794196.

Tabard legalities

Are you accepting liability for an

accident if you wear a tabard stating

'caution young horse'?

There appears to be a great deal of confusion surrounding the issue of the tabards which state 'caution young horse'. In relation to whether or not you are admitting liability in the event of an accident if you wear such a tabard there are a number of factors to consider. In itself it is not an admission of liability. Whether or not a rider wearing a tabard with 'caution young horse' is found liable for an accident will depend on the accident circumstances.  Each case will be assessed on the evidence at hand. In order to be liable for an accident there must be negligence on the part of the rider and wearing a tabard with the words 'caution young horse' is not in itself grounds for a successful claim in negligence.

Helmet Cameras

The Legalities of Wearing Head Cameras

Whilst Horse Riding

In general and subject to the more detailed discussion points in the main body of the text, videoing whilst hacking on your horse in a public place will not be in breach of UK Law. You will not need a permit and the police should not stop you. It is however important to note that on private property the landowner is entitled to forbid or restrict any filming on their property and you must abide by their rules.

Can head camera footage be

relied upon in court

In short yes head cam footage is permissible in a civil and criminal court although in a criminal court the way in which it is presented would vary. Further there is no need to wear a tabard alerting the public to the fact that you are filming. The court would ultimately be in a position to decide whether or not it is in the interests of justice for the footage to be relied on. It is however arguably a good idea to alert the public from a prevention perspective.
© Sue Russell
©Wendy Avery
©Colin Maddams

Trailer accidents & Advice

Know what to do in the event of an accident with a trailer plus the law surrounding trailers
© Horses & Road Safety Awareness 2021
HRSA Horses & Road Safety Awareness
Promoting safety for horses & riders on UK roads

Legal Advice

Horse accident specialists HorseSolicitor have provided all the following advice and articles for the benefit of HRSA readers. If you have been involved in an accident and think you may have a claim get in contact.

Accidents: What to do

In cases of serious injury then someone needs to call 999 Even if it’s not a 999 scenario you should report the accident to the police using the 101 number Take details of any other parties involved in the accident. The more information you can get the better but you need at least their name, address and vehicle registration number (if relevant) See if there are any witnesses who will give you their details. Here you want name, address and phone numbers Take photographs of the accident scene and any vehicles and animals involved. In the case of vehicles you should try to get pictures of the number plate, any damage, and its position on the road; Call HorseSolicitor (01446 794196) sooner rather than later. People are usually far more willing to admit liability for something they’ve done in the immediate aftermath than when you try to bring a claim 2 years down the line.

Claiming after a hit and run

In cases where the person responsible for an accident drives off or cannot be traced it is still possible to claim compensation if the accident results in personal injury. In such cases we do not know who the person responsible is and therefore cannot obtain their insurance details to make a claim against their insurer. However, an organization called the Motor Insurers' Bureau (MIB) exists to compensate victims of negligent untraced drivers (and uninsured drivers). MIB claims are subject to different rules and timescales to standard personal injury road traffic accident claims and expert advice is essential to avoid falling foul of the pitfalls. HorseSolicitor specialises in MIB untraced driver and hit and run claims. Types of claim that can be made to the MIB under the untraced drivers' agreement include: - Hit and run accidents - Driver spooking a horse resulting in injury but failing to stop - Objects negligently deposited on the road arising out of the use of a motor vehicle which results in injury The MIB frequently rejects valid claims at first instance leading to the requirement to appeal to an arbitrator (one of 5 QCs) who will provide a Preliminary Decision on paper. There is then a further right to Appeal (oral hearing). One of HorseSolicitor's directors handled the first ever oral hearing. Solid MIB expertise is required in these claims. If you you have sustained injury as a result of a negligent untraced driver call HorseSolicitor on 01446 794196.

Tabard legalities

Are you accepting liability for an

accident if you wear a tabard stating

'caution young horse'?

There appears to be a great deal of confusion surrounding the issue of the tabards which state 'caution young horse'. In relation to whether or not you are admitting liability in the event of an accident if you wear such a tabard there are a number of factors to consider. In itself it is not an admission of liability. Whether or not a rider wearing a tabard with 'caution young horse' is found liable for an accident will depend on the accident circumstances.  Each case will be assessed on the evidence at hand. In order to be liable for an accident there must be negligence on the part of the rider and wearing a tabard with the words 'caution young horse' is not in itself grounds for a successful claim in negligence.

Helmet Cameras

The Legalities of Wearing Head

Cameras Whilst Horse Riding

In general and subject to the more detailed discussion points in the main body of the text, videoing whilst hacking on your horse in a public place will not be in breach of UK Law. You will not need a permit and the police should not stop you. It is however important to note that on private property the landowner is entitled to forbid or restrict any filming on their property and you must abide by their rules.

Can head camera footage be

relied upon in court

In short yes head cam footage is permissible in a civil and criminal court although in a criminal court the way in which it is presented would vary. Further there is no need to wear a tabard alerting the public to the fact that you are filming. The court would ultimately be in a position to decide whether or not it is in the interests of justice for the footage to be relied on. It is however arguably a good idea to alert the public from a prevention perspective.
© Sue Russell
©Wendy Avery
©Colin Maddams

Trailer accidents & Advice

Know what to do in the event of an accident with a trailer plus the law surrounding trailers