STRICT LIABILITY – Drive carefully
Saturday, February 6th, 2010
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Who is at fault in bike v car smashes?
In the Netherlands, it’s always the motorist at fault, under the ’strict liability’ law.
Hans Voerknecht, International coordinator, Fiets Beraad (’Bicycle Council’), explains how this works in practice. For instance, it doesn’t mean ‘terrorist cyclists’ smashing into static cars for compensation payments: motorists are not liable in these cases. But, when moving, motorists have a duty of care not to hit vulnerable road users.
The UK is only one of four Western European countries that doesnt have ’strict liability’ to protect cyclists and pedestrians.
Strict liability entitles a crash victim to compensation unless the driver can prove the cyclist or pedestrian was at fault.
Strict liability encourages more careful driving (and cycling, because a cyclist would be deemed to be at fault for crashing into a pedestrian).
Strict liability would be a matter of civil rather than criminal law so would not affect criminal prosecutions.
Strict liability is supported by
The Environmental Law Foundation
Safer Streets Coalition
Play England
Roadpeace
CTC
Duration : 0:1:43
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