No-fault liability definition: “where a person is held responsible not for his failure to display the diligence of a reasonable man, but because he is in control of a source of danger to other people’s lives, health or property”
The campaign is focused on changing civil law in Scotland to introduce a system of presumed liability so that cyclists and other vulnerable road users who are involved in road traffic accidents are compensated fairly and quickly. Presumed liability establishes a hierarchical structure to identify responsibility in the event of a road traffic accident, bringing certainty to the legal process.
At present, the UK is out of step with Europe as one of only five EU countries (along with Cyprus, Malta, Romania and Ireland) that does not operate system of strict liability for vulnerable road users and yet it is not unprecedented in UK law.
As a consequence, our current system expects those injured or the families of those killed to go through an often harsh and protracted process to gain much needed treatment, care or compensation. On the Continent, forms of strict liability are seen as an integral factor of cycle safety and Scotland has the power to introduce this principle into civil law to demonstrate its credentials as a civilised, cycle-friendly nation.
The ultimate aim is to introduce a member’s bill into the Scottish Parliament, designed to protect the most vulnerable road users and to reflect a hierarchy of road users. To that end, the campaign sets out to highlight the dangers cyclists face from motorists and help facilitate a change in attitudes amongst road users to one based on mutual respect and understanding. Over the course of the next two months, we are running an online petition and forums to share knowledge and advice.
Key message around the introduction of Stricter Liability can be found here
Inevitably, some key messages do not appear to have been fully understood by the public at large. In order to help with the education process and to put the record straight, we have developed a Busting the Myths leaflet. The contents can be found here or downloaded here. Please help us by widely sharing this information.
For a full set of questions and answers click here
The campaign has already attracted a number of supporters and hopefully will continue to do so. Read what they have to say>>
In order to be able to demonstrate your support for this campaign, please sign here. It only take about 30 secs.
The following case studies help to demonstrate why Strict Liability needs to be introduced.
Lynda Myles of Edinburgh lost her son Craig Newton in April 2011. He was fatally injured in a collision with a City of Edinburgh Council vehicle. His bicycle was struck by the lorry and in all probability he fell underneath the wheels sustaining fatal injury. The case is still going through the legal system. Read more>>
Jamie Aarons of Glasgow had to fight through the Courts to obtain compensation after a taxi driver who, parked on her nearside, opened his door into her path. She had no opportunity to take evasive action causing damage to her bike and helmet. The legal costs grew to nearly £20,000. Read more>>