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NOTE: Major changes to the Highway Code came into force on 29 January 2022. The concept of a 'hierarchy of road users' was introduced to give vulnerable road users a greater degree of clarity over who has Right of way at junctions. For further details, see The Highway Code and The Highway Code—8 key changes from 29th January 2022.

For a claimant to succeed in a claim for personal injury, they must first establish that a common law duty of care was owed to them by the defendant and that the defendant was in breach of that duty. Further, that their injuries were caused by that breach of duty. For further guidance, see: Proving Negligence or breach of statutory duty—overview.

The issue of contribution on the part of the claimant may then arise. For the claimant also has a duty of care to protect themselves from harm and their actions may be in breach of that duty. The court will consider whether the claimant is contributorily negligent for their injuries such that