Case for presumed liability revisited by government

The pros and cons of introducing presumed liability to protect vulnerable road users are to be researched by the government.

Presumed liability makes motorists financially liable for collisions with pedestrians or cyclists. Only when the pedestrian or cyclist is proved to be negligent does the driver avoid paying compensation through their insurance. The principle recognises that the drivers of faster, heavier vehicles have a duty of care, and that if a pedestrian or cyclist is injured in a road traffic collision, injuries or shock may make it difficult for them to accurately recollect the event.

At the moment, there are only four other countries in Europe that have yet to introduce the concept of presumed liability to their legal systems: Malta, Cyprus, Romania and Ireland.

According to the campaign group Roadshare, “Presumed liability in civil law is the proper approach for a mature, socially conscious nation as it addresses the unacceptable human cost of the current system. Under presumed liability, injured vulnerable road users are properly and promptly cared for and not forced to fight for compensation.”

At present, motor insurers routinely argue for reductions in compensation to vulnerable road users injured in road traffic collisions, even in the face of evidence that their customers are at fault.

Even cities in the home of the car are making law to protect cyclists. Los Angeles city council is one of a number of American cities to being in new laws to protect cyclists against harassment by motorists. Such laws discourage dangerous behaviour toward cyclists and provide another tool with which to prosecute offending drivers.

A spokesperson for the Environmental Transport Association said: "Presumed liability is not a panacea, but if Britain is serious about promoting cycling then it's vital we fall in line with the majority of other European countries."

The ethical choice

The ETA was established in 1990 as an ethical provider of green, reliable travel services. Over 30 years on, we continue to offer cycle insurance , breakdown cover and mobility scooter insurance while putting concern for the environment at the heart of all we do.

The Good Shopping Guide judges us to be the UK’s most ethical provider.

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