New law means self-driving cars could be on our roads by 2026
Self-driving vehicles have the potential to revolutionise transport. But are we really ready for this innovative technology? As the government introduced the new Automated Vehicles Act 2024, read on to see how Gildeas Solicitors break down the new legislation and what it means for road safety.
Westminster reported that self-driving vehicles could be on the roads by 2026, as the new Automated Vehicles (AV) Act became law in May 2024.
What is the Act?
The Act is extensive, defining automated vehicles and several regulations for their use on roads in the UK. Here’s a breakdown of some of the main points:
➤ The Act legally defines who would be liable for automated vehicles, naming this person as a “user-in-charge”. Specifically, the user-in-charge is “an individual who can exercise control of the vehicle but who is not controlling it, when the vehicle is an authorised automated vehicle with an authorised user-in-charge feature and that feature is engaged”.
➤ Fundamentally, the Act states that users-in-charge must be fully trained and sober – even when driving in fully automated modes. This ensures they can resume control when needed.
➤ The Act sets up an authorisation scheme for automated vehicles, establishes an independent incident investigation function, and ensures traffic regulation data is available for these vehicles.
➤ A key focus of the Act is road safety. The Act sets safety parameters for self-driving vehicles to be at least as “careful and competent as a human driver”. It introduces an approval system, where vehicles will be expected to undergo a technical safety assessment, including the cybersecurity of the vehicle.
➤ The Act prohibits misleading practices such as vague advertisements, and lists specific terms for marketing, for example the term “fully self-driving” which is currently used by some automated vehicle manufacturers.
Former Transport Secretary Mark Harper said:
“Britain stands at the threshold of an automotive revolution and this new law is a milestone moment for our self-driving industry, which has the potential to change the way we travel forever. While this doesn’t take away people’s ability to choose to drive themselves, our landmark legislation means self-driving vehicles can be rolled out on British roads as soon as 2026, in a real boost to both safety and our economy.”
What this means in practice
The law is still new and further legislation is expected to be announced. At the moment, practices are similar to non-automated vehicles: establishing whether or not the user-in-charge was in control of the vehicle at the time of an accident is critical in establishing liability. This is where further legislation is required. For example, information on Road Traffic Accidents where an automated vehicle has been involved should immediately be made available to insurers so that liability can be established and decisions made.
Further concerns exist in terms of how insurers treat cyberattacks on automated vehicles, and whether this would be dealt with as a claim. There is also a gap in the law in terms of uninsured self-driving vehicles.
Mixed awareness and understanding
In studies conducted by the Department for Transport, 99% of people reported being aware of automated vehicles but more than half reported that they knew nothing about them. In particular, people reported feeling unsure how automated vehicles would interact with human-driven vehicles during a ‘transition phase’, and what additional benefits they would bring over and above what could be provided by existing transport options.
Richard Cuerden, Director at the Transport Research Laboratory (TRL), said:
“The promise is more accessible, safer and greener journeys for goods and people, and at TRL we are working hard to ensure that this is delivered. The commercial success will only be possible if the public has trust in the technology and chooses to use AVs. Here, safety is key and we are working hard to develop safe engineering and system requirements, and in parallel recognising that it is as important to provide public confidence.”
What this means for you
As of now, the specifics of liability as to who is at fault between the vehicle and the user-in-charge remains difficult. We at Gildeas Solicitors will be paying close attention to the details of such cases and how the new legislation is being interpreted and applied practically. Our team will be well-informed to advise anyone involved in an accident in or with an automated vehicle.
Ultimately, while there is overall excitement among the public about the introduction of automated vehicles, more needs to be done before the technology and services are fully understood, considered safe enough to use, and are trusted by members of the public.
Established in 1989, Gildeas Solicitors is a Scottish law firm that specialises in personal injury claims, including motorcycle and cycling accidents. We make personal injury personal. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. Considering our services? Call our dedicated New Claims team to make the process easy for you at 0141 331 6070.
Five Things We Learned From Our First Annual Staff Conference
Established in 1989, Gildeas Solicitors is a Scottish law firm that specialises in personal injury claims. Following recent changes to the business, we held our first ever Annual Conference on Tuesday 27th August, 2024.
Read on to learn how we’ve grown and scaled as a firm, developed new best practices and processes, and how insights from industry leaders have informed our work.
Claims perfection
Directors, Colin Ferguson and Sanjeev Bali kicked us off for the day. Mr Bali detailed how Gildeas has adapted to external pressures in recent years, such as flexible working during the pandemic, and acknowledged the support from the firm during personal highs and lows. Recognising the challenges the pandemic presented to Gildeas, he highlighted how returning to the office has had a positive effect on the business.
Director, Colin Ferguson:
“These changes and improvements to our practices have only been possible thanks to the hard work and commitment of all staff members.”
Mr Bali also introduced Business Development Manager David Butler, who alongside Jim Muir, will be spearheading the formation of our new one-stop shop for accident management. David has an outstanding background in the automobile industry, and we are delighted to have both under the Gildeas umbrella.
1. Our tools change us
Taking us through the recent developments Gildeas have implemented was Vidisha Joshi. Vidisha began with an overview of her extensive background as a solicitor and subsequent experience as a developer, making her well-placed to advise Gildeas in improving our practices.
A focal point was her discussion of innovation in our technological processes. Vidisha relayed her recent involvement with the firm, detailing that a new Working Group was created to audit our processes. After extensive feedback from our claims handling teams, their findings discovered that our claims management system has not been used to its maximum potential.
“We humans coevolve with our tools. We change our tools and then our tools change us.”
Significant takeaways from Vidisha’s insights were how important it is to continuously be critical of our processes, and that seamless integration across the firm is fundamental to achieve success.
2. Change a little at a time
As part of the Working Group supervising these changes, we heard further insights from Director, Lindsay Hare on the capabilities of our software and where our processes have been updated. Lindsay announced that our new Best Practice Guide has now been completed, a real achievement after some time in development.
Of particular interest was our renewed focus on litigation and ensuring the client journey is as smooth as possible. Remarking on the firm’s continued progress, Lindsay emphasised the effectiveness of building good habits incrementally, quoting the author James Clear:
“If we can get 1 percent better each day for one year, we'll end up thirty-seven times better by the time we’re done.”
3. Best practices in analysis and reporting
Further to addressing the recent changes to our internal processes, we then looked externally to hear insights from industry leaders. Clinical Director and Occupational Therapist, Helen Buri presented us with an overview of how her firm completes a functional capacity evaluation reports for clients. Helen relayed best practices in reporting, emphasising the need for analysis to be succinct and added that we should always think of the Judge as the end point reader of injury reports.
It was especially useful to hear how researchers at her firm take into account the current labour market and projected economic circumstances for a claimant when making recommendations.
4. Building your case theory, or what you need to prove to succeed in court
Well refreshed, we returned after lunch to hear from Advocate and personal injury specialist, Tom Mulhall. Tom engaged us with a body of knowledge on case theory, citing several examples of claims where evidence was crucial in the result. His recollection of the details surrounding one tragic case was especially heartfelt, giving us all time to reflect on the human aspects of our industry.
Tom’s recent history includes a number of maritime cases, and a notable feature of his presentation was the maritime tracker used as evidence in his work.
5. Bracing for impact
Rounding off our fantastic guest speakers was Consultant and Orthopaedic Surgeon, Mr Rahul Kakar. Mr Kakar presented us with a thought-provoking overview of the process behind medical assessments of personal injury claimants, including in-depth insights into whiplash associated disorders. Worthy of note was that the psychological effects of an accident and the socioeconomic background of claimants is fundamental in Mr Kakar’s assessments.
After detailing the circumstances of low velocity impact accidents, a lively discussion followed giving much of us food for thought. Mr Kakar highlighted that even in cases where there is little by way of vehicle damage, a client may still suffer from whiplash as the muscles in the body brace for a collision.
Questions then followed on clients who have recovered from their symptoms during the litigation process, and best practices for solicitors when met with claimants who are facing difficulty accessing medical care.
Making Personal Injury Personal
The conference was closed with comments from our Director, Stephen Hay who emphasised the changes we are making are for the benefit of both colleagues and clients. Our case management system is not going to take away jobs from our colleagues. It will free them from repetitive admin type work on cases. For clients, it will allow us to provide an even better level of customer service. He also returned to Gildeas motto of Making Personal Injury Personal - something that no amount of AI or a case management system can do.
In conclusion, our recent staff conference was more than just a meeting – it was a powerful reminder of the dedication, expertise, and teamwork that drive our firm forward. We had the opportunity to reflect on our successes, share valuable insights, and set our sights on future goals.
As we continue to grow in an ever-changing legal landscape, the energy and commitment demonstrated by our team reaffirm our position as a reputable force in the personal injury field in Scotland. We’re excited to carry the momentum from our conference into our work, ensuring that our clients receive the exceptional service and results they’ve come to expect from Gildeas.
Gildeas Solicitors make personal injury personal. With offices in Glasgow and Edinburgh, we specialise in road traffic accidents, including motorcycle and cycling accidents. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. Considering our services? Call our dedicated New Claims team today on 0141 331 6070.