Road Share, the campaign to introduce a system of presumed liability into Scottish Civil Law is celebrating its first year anniversary.
Since its launch on April 15th 2013, Road Share has gathered support from transport organisations, celebrities and MSPs as well as over 5400 signatures to its online petition for a Members Bill.
Throughout the last 12 months Cycle Law Scotland (CLS), the specialist law firm which created the campaign has worked tirelessly to raise the profile of a presumed liability system and its potential benefits. Road Share Logo - 1st Anniversary
Brenda Mitchell is the founder of CLS and the Road Share campaign. She said, “Over the last year I have worked extensively with representatives from across the transport spectrum including; government ministers, cycling groups, pedestrian groups and driving organisations, to explain how the campaign believes presumed liability could impact our current road culture and discuss their thoughts on the matter. 
“As a result, the campaign’s garnered support and listened to a whole number of different stakeholders. This has led to a distinct shift from using the term ‘Strict Liability’ to ‘Presumed Liability’.
“This change in terminology has been developed in partnership with those groups to establish the best ways to move forward and agree on the plans which we strongly believe to be right for Scotland.”
Presumed liability for road traffic collisions would mean that following a collision between a motorist and a cyclist or pedestrian, the motorist would be presumed to be liable for injury, damages or loss, unless they can demonstrate otherwise. The same would apply in cases where cyclists collide with pedestrians.
CLS believes it is fairer than the current fault-based system as it shifts the burden of proof from the vulnerable to the powerful.
Brenda Mitchell continues, “If presumed liability existed in Scots Civil Law, as it is across Europe, for motorists involved in collisions with cyclists, then it's likely the majority of civil cases could be settled in much shorter time frames and potentially without the need for litigation as is so often the case currently.
“There is no amount of money that compensates for the loss of a loved one, a child, father, mother sister or brother but surely as a society we can protect the vulnerable and prevent bereaved families going through the stress of litigation. Less litigation also means less cost to the insurer.”
A dedicated steering group has now been established with the aim of researching the benefits of civil law reform on road safety and calling on the MSPs who already support the proposals to encourage others to join the campaign in order to help bring a Member’s Bill before Holyrood.