STRICT LIABILITY - Drive carefully





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Uploaded on Feb 3, 2010


In the Netherlands, in bike v car smashes it's "presumed" that motorists are "at fault". This is for insurance purposes.

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 'presumed liability' to protect cyclists and pedestrians.

Presumed liability entitles a crash victim to compensation unless the driver can prove the cyclist or pedestrian was at fault.

Presumed liability encourages more careful driving (and cycling, because a cyclist would be deemed to be at fault for crashing into a pedestrian).

Presumed liability would be a matter of civil rather than criminal law so would not affect criminal prosecutions.

Presumed liability is supported by

The Environmental Law Foundation
Safer Streets Coalition
Play England


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