Jurisdiction(s):
United Kingdom

Key definition

Right of way definition

What does Right of way mean? A right of way is a legal right to pass and repass over land owned by someone else—on foot, with vehicles, animals or equipment—for a defined purpose. In private law it is usually an easement in England & Wales, Northern Ireland and Ireland, and a servitude in Scotland. The concept is primarily shaped by case law, with statutory rules on prescription and recording/registration varying by jurisdiction. Key features include: it benefits identified “dominant” land and burdens “servient” land; the scope is limited to the permitted mode and intensity of passage; ancillary rights reasonably necessary to use the way may exist; there...

Vulnerable road users in road traffic accidents: pedestrians, children and passengers—driver duties, Highway Code hierarchy and contributory negligence case law

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Certain groups of claimants are regarded as more vulnerable than others. This group includes:

pedestrians
children
passengers

The opening of the Highway Code (Rules H1–H3) sets out the ‘hierarchy of road users’. At its peak are pedestrians, as they face the greatest danger in a collision. Because children are at heightened risk of injury, they hold a more prominent place within this hierarchy. Those operating vehicles capable of causing the most harm carry the highest duty to act with care and limit the danger they create (for example, drivers of large Goods and passenger vehicles, vans/minibuses, cars/taxis and motorcycles). Cyclists, horse riders, and drivers of horse-drawn vehicles also share responsibility for reducing risks to pedestrians.

Pedestrians

Guidance for pedestrians appears in the Highway Code, rr 1–35, with rule 7 reiterating the Green Cross Code. Drivers bear a significant responsibility on the road because they control machines that can inflict serious harm, and they are expected to keep a careful lookout ahead at all times...

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Web page updated on 22/05/2026

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