Petition asks government for drivers to be "presumed liable" for cyclist collisions

[lenny]

Petition asks government for drivers to be "presumed liable" for cyclist collisions

Petition asks government for drivers to be "presumed liable" for cyclist collisions

The proposal for civil cases would mean motorists would be presumed liable unless they prove otherwise when involved in collisions with vulnerable road users, such as cyclists and pedestrians

road.cc

Petition: Introduce presumed liability for civil cases from road traffic collisions

Introduce presumed liability for civil cases relating to certain road collisions, to shift the burden of proof. It would mean when vulnerable road users, e.g cyclists & pedestrians, claim against a more powerful road user (a driver), the driver would be presumed liable unless they prove otherwise.

petition.parliament.uk

 

[Scorpio]

Thanks for the info but that's one petition I'll not be signing.

I have family overseas where they have the same "If a car hits a cyclist - the car driver is presumed guilty" laws.
It makes driving there very stressful as cyclists cross junctions without looking; they know if a car hits them the law says the car driver is at fault.

 

[Ghost1951]

That can NEVER be right, and it can never be accepted. Each case is unique. What we should have is MUCH fiercer penalties when drivers negligently kill or injure cyclists. The key word there is negligently. Some cyclists ride like idiots and cause problems. We have all seen them.

 

[jamesporritt]

Signed.

 

[StuartsProjects]

Whilst it seems unlikely such legislation would happen in the UK, it does make you wonder why in some countries they have to go to such extreme measures to 'persuade' motorists to be considerate to cyclists.

 

[Ghost1951]

Signed.

What about the a holes who ride across red traffic lights? Is the motorised driver responsible and liable for their bad outcomes? You need to think a bit more about what you sign up top before you do it.

Anyway - there is not the slightest chance that Parliament would sign off on such a ridiculous position. Even with the risible candidates we have there, the majority can see that a position which automatically blames one class of road user simply because of the type of vehicle he is driving rather than the circumstances and behaviour of all parties concerned is just BOUND to be WRONG.

It is bad driving and bad riding we need to sort out.

 

[jamesporritt]

What about the a holes who ride across red traffic lights? Is the motorised driver responsible and liable for their bad outcomes? You need to think a bit more about what you sign up top before you do it.

Get lost.

 

[Ghost1951]

Get lost.

I used to think you were about fourteen years old and then I think I read that you actually are old enough to have children. Poor things. Fathers are meant to have some maturity and even a bit of wisdom.

 

[jamesporritt]

I used to think you were about fourteen years old and then I think I read that you actually are old enough to have children. Poor things. Fathers are meant to have some maturity and even a bit of wisdom.

I said get lost.

 

[Ghost1951]

I said get lost.

NHS England » Community mental health services

Community mental health services play a crucial role in delivering mental health care for adults and older adults with severe mental health needs as close to home as possible. The NHS long term plan and NHS mental health implementation plan 2019/20 – 2023/24 set out that the NHS will develop new...

www.england.nhs.uk

 

[flecc]

Whilst it seems unlikely such legislation would happen in the UK, it does make you wonder why in some countries they have to go to such extreme measures to 'persuade' motorists to be considerate to cyclists.

They don't have to and such measures are not necessitated. In such as The Netherlands they are just to help make driving far less popular and cycling more popular, a general policy they've pursued ever since 1972.

But they are currently losing the battle, car driving there is relentlessly increasing again.
.

 

[Ghost1951]

They don't have to and such measures are not necessitated. In such as The Netherlands they are just to help make driving far less popular and cycling more popular, a general policy they've pursued ever since 1972.

But they are currently losing the battle, car driving there is relentlessly increasing again.
.

You might as well try to stop human beings craving fat and sugar.

They may be bad for our long term well-being, but evolutionary pressures are programmed into us to make us crave them. We came from a primeval world where such foods would make the difference between surviving and not surviving. In the same way, we are programmed to save on effort and to seek shelter and comfort. This is why we like such things. It is no surprise to me that on a wet winter's night a Dutch lady is likely to prefer to make her way home from work in her car rather than on a bicycle or on foot.

 

[thelarkbox]

?? whats the problem its no different from assuming the 'hitter' is at fault when rear ended.. Not always the case, and when not so will come out in the proverbial wash as the insurance company lawyers earn the premium they cost in insurance in the first place. Seems like its just a way to ease the payments to uninsured parties when a financial remedy could have the greatest benefit. Since motorists are mandated to carry insurance. Its a civil not criminal assumption of liability.. so knickers need not get twisted.

And if it makes a single motorist pause for thought when spotting a cyclist/horse/pedestrian in the road GOOD!

 

[Ghost1951]

?? whats the problem its no different from assuming the 'hitter' is at fault when rear ended.. Not always the case, and when not so will come out in the proverbial wash as the insurance company lawyers earn the premium they cost in insurance in the first place. Seems like its just a way to ease the payments to uninsured parties when a financial remedy could have the greatest benefit. Since motorists are mandated to carry insurance. Its a civil not criminal assumption of liability.. so knickers need not get twisted.

And if it makes a single motorist pause for thought when spotting a cyclist/horse/pedestrian in the road GOOD!

You seem to be assuming that insurance company lawyers carefully judge the claims that are presented. They don't in teh generality of claims.

They usually settle with very little care about liability.

I know of a ludicrous claim that was made and settled to the tune of thousands of pounds which was entirely unjustified. A young person in a very light weight Aygo, very gently rear-ended a woman driving a large very macho Toyota Land Cruiser. The impact was so slight that the Aygo was unmarked and undamaged and so was the Toyota. Then a claim came in and was settled for many thousands of pounds of damage to the warlord Toyota and also personal injury claim for several thousand pounds for whip lash injury. This level of damage to the complainant is obviously impossible when the lightly built low mass Aygo which only touched the rear bumper of the much bigger car at maybe one or two miles an hour. Not a mark on the Aygo. The fraudulent claimant had a doctor's assessment supporting her claim of injury. EVERYONE - including the doctor on that side was a liar and a fraudster. The doctor was of course paid a hansom fee and the thief who made the claim was vastly enriched. There was no damage and no injury, but in spite of being told of the hoax, Direct Line settled the claim in full rather than fight it.

 

[thelarkbox]

People get set up for insurance scams already as you have illustrated above, and i think we have all seen dashcam footage of 2 lads jumping on a car bonnet at a junction with a bmx bike or a moped? attempting a scam..

So if toerags are going to do it they will be doing it already.. They dont need further incentive, while legit victims will get relief more rapidly to help avoid compounding the issues following an incident.

In the scenario you paint above If the fraud is provable and the insurance company attempt to apply any penalties increasing premiums moving forward the Aygo driver would have a legal argument worth investigating, and could perhaps seek punitive damages. - Did the Aygo driver get pursued for the uninsured loss of the policy excess by the fraudsters too? - if that succeeded with provable fraud on the table???? sounds like facebook facts

 

[Ghost1951]

No - her mother warned the insurance company and they just settled. Back in the day, I think they took a lot more care to vet claims than they seem to do now.

 

[guerney]

I video and GPS record all of my bike rides in case I need to sue someone for their house, so I welcome and wholeheartedly support anything that expedites the process. In fact, I've already shortlisted several houses I'd like - saw another one last night... looked like someone had airlifted a designer condo from Los Angeles to escape the fires, and plonked it swimming pool and all onto an otherwise completely normal residential road. Of course I noted the number plates of all the luxury vehicles for targeting purposes, parked in front of the exuberantly illuminited car park surrounded with expensive coiffered shrubbery, leading to lavish stairs, to the luxuriously wide and individually illuminated interior stairs visible from the road. It bet it has frickin laser beams in there somewhere, perhaps even pet sharks. Yes, that house too will be mine, like all the others on my list. I've bought neck braces, plaster casts, walking frame and everything. I'm rehearsing suddenly bellowing in pain and limping every day. Can't wait! Please sign the petition everyone, and make my LA condo dreams come true.

 

[chris_n]

I video and GPS record all of my bike rides in case I need to sue someone for their house, so I welcome and wholeheartedly support anything that expedites the process. In fact, I've already shortlisted several houses I'd like - saw another one last night... looked like someone had airlifted a designer condo from Los Angeles to escape the fires, and plonked it swimming pool and all onto an otherwise completely normal residential road. Of course I noted the number plates of all the luxury vehicles for targeting purposes, parked in front of the exuberantly illuminited car park surrounded with expensive coiffered shrubbery, leading to lavish stairs, to the luxuriously wide and individually illuminated interior stairs visible from the road. It bet it has frickin laser beams in there somewhere, perhaps even pet sharks. Yes, that house too will be mine, like all the others on my list. I've bought neck braces, plaster casts, walking frame and everything. I'm rehearsing suddenly bellowing in pain and limping every day. Can't wait! Please sign the petition everyone, and make my LA condo dreams come true.

Unfortunately that is the reality of what would happen if such a law was made in UK. (Amongst others)

 

[jamesporritt]

NHS England » Community mental health services

Community mental health services play a crucial role in delivering mental health care for adults and older adults with severe mental health needs as close to home as possible. The NHS long term plan and NHS mental health implementation plan 2019/20 – 2023/24 set out that the NHS will develop new...

www.england.nhs.uk

 

[lenny]