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Dumfriesshire, Clydesdale and Tweeddale MP David Mundell has become the latest high-profile figure to back the Road Share campaign for presumed liability for road traffic collisions, saying politicians “have a duty to consider any proposals which could improve road safety”. 


A well-known road safety campaigner throughout his constituency, the Conservative MP has now joined the likes of Scott and Jenny Hastings, Nick Nairn, Cameron McNeish and a host of other media personalities, athletes, cycling groups, driving schools and MSPs in backing Road Share’s call for the introduction of presumed liability for road traffic collisions in Scotland (see note 2 to editors below).  Over 6,200 individuals have also signed an online petition calling for the change.


Mr Mundell’s support comes after Transport Scotland released new statistics indicating that in 2013, Scottish roads remained as deadly as ever for cyclists. 13 cyclists were killed that year, compared with nine the year before.  


Speaking today, David Mundell MP said:


“I am delighted to give my backing to the Road Share campaign and to support their efforts to highlight the dangers cyclists and pedestrians face.  It is right that these proposals are looked at and I think politicians from all political parties have a duty to consider any proposals which could improve road safety.


“In almost all road traffic collisions involving a pedestrian or a cyclist, the driver leaves the incident unscathed and it therefore seems reasonable and entirely sensible to place the burden of proof on the motorist.  This is especially the case when the cyclists or pedestrians affected might not even be able to recall what had happened or have been left seriously injured or debilitated after the incident.”


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Road Share Steering Group member Martin Williamson meets David Mundell MP and Cllr Keith Cockburn 

Brenda Mitchell, lawyer and founder of the Road Share campaign, commented:


“Throughout this campaign, we have sought the  support of our elected officials across Scotland and I am extremely pleased to have David Mundell on-board.  As a noted road safety advocate in his own right, having his support is a huge asset for the campaign.


“Though the decision to introduce presumed liability for road traffic collisions in Scotland is ultimately a matter for MSPs in the Scottish Parliament, I would hope to see their counterparts in the Westminster parliament begin to take a more active interest in what is happening north of the border.  


“Road safety across the UK desperately needs improving and we have a chance here in Scotland to lead the way.  By giving extra protection in the form of presumed liability to our vulnerable road users, Scotland would be bringing itself in line with the vast majority of European nations.  Presumed liability for road traffic collisions is the proper approach for a mature, socially conscious nation as it addresses the unacceptable human cost of the current system.”


The Road Share campaign is arguing for the introduction of a presumed liability regime that would create a hierarchy of responsibility whereby motor vehicle drivers would be presumed liable for any loss, injury and damage caused to a cyclist involved in a collision.  A cyclist would also be presumed liable for loss, injury and damage caused to a pedestrian in any collision thus ensuring fairness while protecting the vulnerable. This presumption of liability would still allow a driver or cyclist to allege fault or part-fault on the part of the injured cyclist or pedestrian.   


In cases where the victim is under 14, over 70, or is disabled, the campaign believes the principle of strict liability should apply, whereby the victim would be compensated for their injury and loss if involved in a road traffic collision with a motor vehicle or in the case of an injured pedestrian involved in a collision with a cyclist.



Steering Group


The Road Share campaign has set up a steering group to take things forward.

To find out more about the individual members of the Steering group and its overall remit.

Read more >>> 

MSP Supporters

The campaign has attracted Cross Party support at Holyrood. See who is supporting, who is undecided and who doesn't support the campaign.

Read more >>>

Celebrity Supporters


The Campaign has successfully attracted a number of celebrity supporters who feel strongly about the introduction of presumed liability and have given their support.

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