The insurer said the definition of 'careless or inconsiderate driving' within the legal framework has expanded significantly, to the extent that even a collision resulting in a broken arm can now be considered a 'serious injury,' carrying the potential for a prison sentence.
While car drivers may sometimes avoid severe penalties for causing injuries resulting from lack of concentration or poor driving habits, the situation is markedly different for HGV drivers. The 2022 Highway Code introduced a road user hierarchy, with HGV drivers placed at the bottom, bearing greater responsibility for the safety of all other road users. Penalties are assigned with this hierarchy in mind.
In response, the insurer has introduced the RTC Crisis Line, offered in collaboration with legal firm LMP Legal, which grants fleets round-the-clock access to lawyers who can offer instantaneous advice and legal representation the moment a driver is involved in a blue-light road traffic collision.
This resource ensures protection during the crucial "golden minutes" that can determine the outcome of a case. A single call immediately connects drivers with the assistance they require, even facilitating a lawyer's presence if the driver is taken to a police station.
The service effectively prevents drivers from inadvertently incriminating themselves by uttering statements that may later be used against them. Policy-covered drivers are spared from the predicament of effectively admitting blame while grappling with the shock and trauma of the incident.
Additionally, engaging in early dialogue with the police ensures that the legal expert appointed through RTC Crisis Line receives vital information promptly, as opposed to waiting until the conclusion of a criminal investigation, where it may be too late to mount a successful defense. This proactive approach not only helps control claims costs but also mitigates the risk of custodial sentences for drivers or employers.
Ian McCarron, Director of McCarron Coates, said: "We have been closely monitoring the implications of the new legislation and were concerned about its impact on fleets. Having drivers unavailable due to police interviews and court hearings, not to mention the looming threat of prison sentences, is a nightmare, particularly in an industry grappling with persistent driver shortages."
"However, many of these scenarios can be avoided if fleets can prevent drivers from falling into legal traps at the roadside. That's precisely why we are extending instant legal representation to all clients for drivers involved in collisions attended by the police."
"We were the sole broker to foresee the liability implications of the new Highway Code, and our prediction has proven correct. HGV and courier drivers find themselves in the dock more frequently than other drivers, necessitating enhanced protection.”
More information about RTC Crisis Line and McCarron Coates can be found at www.mccarroncoates.com