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 some form of strict liability regime for vulnerable road users. Strict liability is already established in other areas of 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, strict liability regimes 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.

It is no coincidence that countries operating a Strict liability regime in Civil Law are often those with safer roads for vulnerable road users. 

In Scotland, presumed liability is championed as a way to increase cycle safety by a range of stakeholders from commentators in the media to MSPs in the Scottish Parliament and across a range of cycling and walking organisations.

As the Scottish Government encourages more cyclists on to the road, it should offer them the legal protection afforded to other users. By introducing presumed liability, the Scottish Government has the opportunity to take a lead in the welfare and status of cyclists and pedestrians.