20/04/2016
STUC calls for change in Civil Law to help improve cycling safety
The call
for presumed liability for Scotland’s cyclists and other vulnerable
road users has been taken up by the STUC.
Support
for a change in Scots Civil Law was agreed at Congress this week
and it will now be STUC policy to seek presumed liability alongside
other cycle safety measures including extended cycle routes and
employer initiatives.
Presumed liability shifts the burden of proof for any damage or
injury from the vulnerable road user – the injured and bereaved –
to the more powerful, which in most situations of a road traffic
collision involving a cyclist is the motorist’s insurance
company.
It has been shown by the campaign group Road Share that Scotland is
out of step with the rest of Europe and is just one of a handful of
countries that does not use this simple legislative tool which
helps improve road safety by changing attitudes.
Key
Reported Road Casualties Scotland 2014 revealed the only road
safety indicator consistently moving in the wrong direction is
cycling casualties, with a 16 per cent increase in serious injuries
from 2004-8 to 2014.
Dave Moxham, Deputy General Secretary, STUC commented:
“Cycling plays an important part of the union movement’s past and
present, specifically through the National Clarion Cycling Club,
but also because we believe cycling is important to our health and
wellbeing. Creating a healthier Scotland depends on improving
levels of physical activity, while cycling also contributes to
reducing carbon emissions and is better for the
environment.
“Health professionals see the consequences of car traffic accidents
and the life changing injuries that can be sustained. Safe cycling
must be a national priority to encourage physical activity and
prevent accidents.
“By introducing presumed liability for vulnerable road users to
Scots Civil Law we can begin to affect how people view their
responsibilities as road users. It is embedded in the cycling
cultures in Europe, where cycling is far safer. It seems strangely
stubborn of our Government to continue to ignore this simple and
sensible course of action.
“We want to encourage more people to take up cycling but we need to
ensure that they do so in a safe environment. Supporting presumed
liability is now part of STUC policy.”
Brenda
Mitchell, of Cycle Law Scotland and the founder of Road Share,
added:
“Introducing presumed
liability would rectify a system that is out of date and inherently
unjust.
When it
comes to road traffic collisions where a cyclist is hit by a car,
or indeed where a pedestrian is knocked over by a cyclist, we have
an archaic system where the odds are frequently stacked against the
vulnerable and receiving compensation quickly and fairly in many
cases is impossible without resort to litigation which adds to the
distress of those who have been injured through no fault of their
own.
“We think
it is right for Scotland to lead the rest of the UK by changing its
Civil Law to respect and protect the vulnerable in society by
moving to a system of presuming liability to support cyclists and
pedestrians injured in road traffic collisions. However, what
started as a Scottish campaign has been taken up across the British
Isles and the fear is that Scotland could be overtaken in terms of
policy leadership.”
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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