“Cycling and Civil Law”

16th June 2017

Prove fault

Concept of harm

– where a person is held liable not for failure to display the diligence of a reasonable person, but because they are in control of a potential source of danger to other people’s lives, health and property.

No fault liability

Industrial Revolution

Locomotive on the Highways Act (1861)

Locomotive Act (1865)

Lord Bramwell Powell v Fall (1880)

Advent of motorised vehicles

Gibbons v Vanguard (1908)

Wing v London General Omnibus (1909)

What were our European neighboursdoing?

“Betriebsgefahr”1907 - Germany

1920 – Netherlands

“Loi Badinter”

1985 - France

RomaniaMaltaCyprusUKIreland

The 5 who ignore the concept of harm

No country in the World has achieved both HIGH levels of walking + cycling and LOW casualty levels without presumed liability

Presumed Liability

Cycling fatalities

(1975-85) - 676 per annum

(1985-95) - 418 per annum

‘Loi Badinter’ introduced

38% decrease

www.roadshare.co.uk

Fault based system

“To require an injured person to prove fault results in the gravest injustice to many innocent persons who have not the wherewithal to prove it.”

Level Playing Field

Unintended Consequences?

Animals Scotland Act (1987)

Against Principles of Scots Law

Common Cycling Incidents

Dooring

Junctions

Passing

Roundabouts

Mark Lonnen

Fault based system - Dooring

Walter Hamilton

Fault based system - Junctions

Fault based system - Roundabouts

Jennifer Wallace

Fault based system - Passing

Challenges – Police Reporting

Alex Gibson

Challenges – Police and Close Passing

#OPCLOSEPASS

Challenges - Drivers

Drivers

Drivers

Drivers

“Excuses”

• “Red light jumping”

• “Launched off the pavement”

• “Came from nowhere”

• “Riding too fast”

• “There was a low sun”

• Changing their story

• Refusing to provide insurance details

Checks and balances

Road Hazards

Robinson v SBC

Donald’s Experience

Cycle Paths

Cycle Paths

Joe’s experience

Jim’s experience

What if it happens to you?

What if it happens to you?

What to do at the scene of an accident

• STOP

• CONTACT the Police

• OBTAIN registration number

• PHOTOGRAPH the scene/road surface/position of vehicles.

Collision Card

Legal Advice and Assistance

Injuries

Bike Helmet

Legal Expense Protection

Campaigning for safer cycling in Scotland

Campaign for Presumed Liability

Sally Low

Sally Low video

Making a positive difference

Q and A?