Dunfermline Cycling Club (DCC) has joined the company of CTC Scotland, Scottish Cycling, Pedal on Parliament and Spokes in becoming a public supporter of the Road Share campaign for stricter liability.
The campaign, which was launched by specialist law firm Cycle Law Scotland in April 2013, is working to change Scottish Civil Law to offer more protection to the most vulnerable road users involved in road traffic collisions by introducing a strict liability regime on compensation in line with the majority of Europe.
So far over 5,400 people have signed the campaigns’ online petition which it is hoped will lead to the introduction of a Members Bill in the Scottish Parliament. DCC made the unanimous decision at the clubs latest committee meeting.
Member Mick Nally said, “I raised the idea of offering our endorsement following Road Share’s parliamentary reception hosted by Alison Johnstone MSP last year. This event allowed me to hear more about how the change to Civil Law would work for all road users and potentially improve cycling culture in Scotland. The concept of presumed liability has been on the club’s radar since the launch of Road Share’s campaign last year. We are happy to lend our support as it’s an idea which we all felt would result in significant improvements to the way cyclists are viewed.”
If implemented, a strict liability regime 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. Also a cyclist would be presumed liable for loss injury and damage caused to a pedestrian in any collision with a cycle thus ensuring the vulnerable are afforded more protection in civil law. The presumption of liability would still allow a driver or cyclist to allege fault on the part of the injured cyclist or pedestrian.
Cycle Law Scotland founder and Solicitor of the Year 2013, Brenda Mitchell, is a cyclist and personal injury lawyer of 25 years’ experience. She said, “DCC is the first independent cycling club to publicly endorse the campaign and I warmly welcome their support. It’s my belief that the introduction of stricter liability is a cost effective solution that can make an immediate contribution to decreasing cycle and pedestrian road deaths and importantly improve how we view one another on our roads.”
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