29/07/2015
Leading Road Safety Charity, Brake, backs Road Share's Campaign for Presumed Liability
Leading
road safety charity, BRAKE, has announced it is backing the
campaign calling for presumed liability for Scotland’s vulnerable
road users.
BRAKE has
pledged its support to Road Share, which is making the case for a
change in Scots Civil Law to protect walkers and cyclists. It
proposes the introduction of new liability laws as part of a
balanced package of measures to bring about a cultural shift on the
roads and ensure that the drive to increase active travel is
matched by improved safety.
The
charity’s endorsement of the campaign follows the publication of
research which found that countries with high levels of walking and
cycling and low casualty rates have some form of presumed liability
legislation and there is a clear and strong association between
presumed liability and higher levels of safe walking and
cycling.
The Road
Share campaign already has high profile support from politicians,
professional cyclists and celebrities and its petition for a change
in Civil Law has secured almost 9,000 names.
Gary Rae of
BRAKE commented:
“Studies of
our own have shown that too many drivers do not concentrate at the
wheel, often flouting road safety. All too tragically, there are
consequences to this, especially for the more vulnerable road users
such as pedestrians and cyclists. A simple, and ultimately very
fair and reasonable change to our Civil Law, would constitute a big
step forward to changing attitudes on the road and would clearly
show that, as a nation, we consider road safety a
priority.”
A system of
Presumed Liability would mean that following a collision between a
motorist and a cyclist or pedestrian, the motorist (via their
insurer) would be presumed to be liable for injury, damages or
loss, unless they can demonstrate otherwise.
Presumed
Liability is different from the current fault-based system as it
shifts the burden of proof from the vulnerable to the powerful.
Rather than the more vulnerable road user needing to prove that the
less vulnerable road user was at fault, the burden of proof is
shifted to the less vulnerable road user when determining
compensation. On this basis, if cyclists collide with pedestrians,
then liability attaches to cyclists.
For the most
vulnerable road users, Road Share Campaign is proposing Strict
Liability, so that adults aged over 70, children aged under 14 and
the disabled receive full compensation
regardless of
fault.
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.
The campaign has attracted Cross Party support at Holyrood. See who is supporting, who is undecided and who doesn't support the campaign.
The
Campaign has successfully attracted a number of celebrity
supporters who feel strongly about the introduction of presumed
liability and have given their support.
Contact us via email at info@roadshare.co.uk
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