Strict liability—the civil compensation system that puts pedestrians and cyclists first

Under a strict liability system, the burden of proof is reversed in motor vehicle collisions involving pedestrians or cyclists. Thus vulnerable road user casualties qualify for compensation unless it can be proven that they caused the collision. In some countries, this must also involve proof of intent and not just negligence.

Almost 100 years ago, Winston Churchill stated that the test of a civilised society was how it treated its prisoners. RoadPeace believes that this is even more true with how vulnerable road users are treated.  A strict liability system is much more civilised. In addition to placing a greater duty of care on the motorist, it also accepts that victims, who -- due to injury -- are frequently unable to recall the circumstances of the collision, and thus often unable to prove the culpability of the driver.   

After a brief introduction explaining what strict liability is and what it is not, the key benefits of a strict liability system are summarised.  In addition to fairer compensation settlements, these include a safer transport system with fewer casualties, a healthier population with injured victims recovering faster with prompt rehabilitation and also increased cycling and walking. The latter should also help reduce carbon emissions from replaced motor vehicle trips so our environment should benefit as well.

Strict liability exists in many, but not all, countries in Europe and it is the norm in Northern Europe. The strict liability situation in France, Germany and the Netherlands is compared. Contributory negligence varies in these countries, including by the age of the victim.

Strict liability is supported by other organisations, including CtC, and these potential partners are identified. The implications of new legislation being introduced next year are also discussed. UK. As of January 2009, a person injured in another European country will be able to choose whether the civil compensation system of their home country or in the country where the crash occurred is applied in their case. This is expected to lead to greater harmonisation between countries with strict liability being adopted by more countries.

RoadPeace was started in 1992 and remains committed to providing support to victims and campaigning for road danger reduction. Strict liability and slower speeds, especially a 20 mph default speed limit, are our two main road danger reduction related campaigns.

	Warrington Cycle Campaign has over 200 members and is committed to making better use of the roads for all sectors of the community. Our main objectives are:- A safer environment by the adoption of a 20mph speed limit in all urban areas On-road cycle training for all children Better account taken for the needs of cyclists at road junctions and roundabouts Responsible cycling - using lights at night and respecting pedestrians Take a look at their website to view topical issues, etc
	20's Plenty For Us provides a wide range of resources, information and material for local 20's Plenty campaigners. These include many mixed groups where cyclists and pedestrians are working together for lower speed limits where people live.
	Cyclenation (formerly Cycle Campaign Network) works to create a nation of cycle friendly communities and is the federation of local cycle campaigns with nearly 90 such campaigns throughout the UK.
	CTC - the UK's national cyclists' organisation, are the country’s largest group of people on bikes. Their mission is to make cycling enjoyable, safe and welcoming for all. Their work includes high-profile campaigning on behalf of all cyclists.

Copyright ©Warrington Cycle Campaign 2008. All Rights Reserved