Forum Topic

You seem quite keen to forget that presumed liability is the norm in European countries, not a quirk of the Dutch and that its primary beneficiaries are the pedestrians and their families who are the main victims of drivers.Amusing to see the the same cycle fallacies still being trotted out after all these years though. Cities in the Netherlands that have created extensive networks of protected cycle lanes and radically restricted motor traffic movements not being based on medieval street plans is one of my new favourites. Thank you.  We know exactly what encourages more cycling and we need to just get on with it. Towns and cities that enable children and octogenarians to cycle to school or the shops with minimal conflict with motor vehicles are very successful in creating major modal shift in the last fifty years and they are not confined to the Netherlands. The formula is very simple and even the car supremacists who think they are the losers from its implementation end up being beneficiaries of safer streets, better driving standards, equity for victims of road violence and fewer people driving journeys that are easily substitutable by alternative and more sustainable modes.Presumed liability is of secondary importance for realising the goal of material modal shift to cycling after infrastructure for cycling but its benefits for society are extensive and go far beyond cycling. This is why you have no argument against it other than your unconvincing reaching around for an angle to argue that it will reduce cycling. Be careful you don't pull a muscle.

Paul Campbell ● 256d

Ansprakelijkheidsverzekering in the Netherlands costs around 50 euros per annum which you may regard as negligible but some wouldn't. On top of that there is a legal requirement to have a bell and working lights and reflectors as opposed to just a recommendation in the Highway Code in this country. I'd guess around half of the bikes I see have bells and the number of people cycling without lights at night is shocking. These laws are enforced in Holland, unlike here.Obviously, it would be better if we were as safety conscious as the Dutch but our more casual attitude to risk is probably a function of cycling not being as embedded in our culture. A good proportion of people who cycle in this country do so only every now and again and would be discouraged if they had to shell out extra for insurance or stood a good chance of arrest if they were missing a bit of equipment. If you enforced Dutch standards here the danger is that many occasional cyclists would give up entirely and it would become even more of a middle class niche pursuit.While Dutch cyclists are undoubtedly much less likely to be injured than British cyclists, it remains unclear how much that has to do with presumed liability (which remember isn't relevant in cases of what you call road violence as that is a criminal matter). There are a whole host of other factors that make Dutch cyclists safer including there being lots of them - therefore it may be that reducing the number of British cyclists, by trying to copy the Dutch, ends up making it a less safe form of transport.

Mark Evans ● 257d

Paul Campbell posted, “No you've got it into your head that I think presumed liability equates to presumed guilt. As I said I am capable of understanding how presumed liability is accommodated in legal systems that are based on innocent until proven guilty.”Earlier in this thread someone also with the name Paul Campbell said the following, “Oh I think most cyclists will value drivers being automatically assumed to be at fault for hitting cyclists and pedestrians and the dramatic change this will make to driver behaviour far more than they will be concerned about proving they are not at fault if they hit a pedestrian.”It’s quite a common name and, if these are different people I apologise for the mix up, I get this myself all the time. However, what is clear is that at least one Paul Campbell does believe  presumed liability equates to presumed guilt.Another Paul Campbell seems less convinced about this later in the thread but remains a bit confused about the difference between legal and criminal proceedings. Innocent until proven guilty is primarily a criminal concept whereas civil courts generally operate on a balance of probability.I don’t think there is actually too much disagreement here if you discount some of the earlier off the wall statements. We both agree that clarifying the hierarchy of road users to make it more evident that the less vulnerable have a duty of care to the more vulnerable is a good thing and, as more case law gets established, it will become more powerful in both civil and criminal cases. This may not precisely the same as presumed liability but it will have a similar effect.

Mark Evans ● 257d

No you've got it into your head that I think presumed liability equates to presumed guilt. As I said I am capable of understanding how presumed liability is accommodated in legal systems that are based on innocent until proven guilty. The main omission in your understanding of how it works is your focus on courts. You fail to account for the numerous everyday routine transactions in which insurance companies will not risk additional cost and reputational damage disputing claims made by the victims of drivers in a presumed liability system and the positive experience that creates for many thousands of victims who will no longer have to endure the obstructiveness of a system in which they are required to prove the fault of the driver.You have also failed to read or understand the point I have already made about the benefits to cyclists of a presumed liability system far outweighing any potential downsides. Cyclists are hit, hurt and killed by drivers far more frequently than they hit, hurt and kill pedestrians. They are huge beneficiaries of a presumed liability system. But of course pedestrians are the biggest beneficiaries of all. Drivers are not because they are the ones doing just about all the hitting, hurting and killing of people who are not in vehicles. However there is little point in continuing to explain the obvious to you it seems.I am a driver and a cyclist and I have nothing to fear from a presumed liability system that works very well in so many countries because I do not hit people with my car or my bike and if I did I would happily accept the consequences of my actions. Why do you fear it? And why can you not see the paradox between your insistence on explaining the correct distinction between presumed liability and always at fault and your unconvincing fears of blow back against cyclists.

Paul Campbell ● 262d

If you are interested in learning more about how widespread presumed liability actually is in Europe and how well supported it is by campaigners here then you may find this article of interest.Or you can carry on thinking that things are absurd because the first time you heard of them is when I mentioned them.Here is a precis and link to the article underneath:Presumed liabilityUnder both English and Scottish law, a claimant cyclist must prove, on the balance of probabilities, that a defendant driver was negligent. Many safety campaigners, including the UK’s national cycle charity, the CTC, have called for a new system of "presumed liability" - whereby the defendant driver would be presumed to be at fault unless they can prove otherwise.In most European jurisdictions, an injured cyclist does not need to establish fault on the part of the motorist. The UK is one of only five countries in Europe, alongside Cyprus, Malta, Romania and Ireland, which have not adopted the presumed liability system.As an English cycling accident lawyer, establishing liability is often a difficult challenge, especially if the cyclist is unable to give evidence due to the nature of their injuries and/or if there are no independent witnesses.The presumed liability system recognises that the liability of one's actions should be proportionate to the degree of danger which they impose on other road users. Every year, around 19,000 cyclists are killed or injured in reported road accidents in the UK. The true figures are likely to be higher as the Department of Transport data excludes incidents which go unreported to the police, even if the cyclist’s injuries required a visit to hospital.https://www.slatergordon.co.uk/newsroom/cycling-accidents-and-presumed-liability-uk-vs-europe/

Paul Campbell ● 270d

There are lots of very sensible points in your post and I think the cycling clubs doing timed laps in parks will be taking on your suggestions of improved stewarding without being forced to.However, I do think you have blurred the heirarchy of road users and how it relates to safety. If you are in a motor vehicle you become responsible for the safety of more vulnerable road users such as cyclists and pedestrians. If you are on a bike you are you are responsible for the safety of pedestrians.This means that it isn't a defence to say 'she just stepped out in front of me' if you are driving or cycling at a speed inappropriate for the circumstances.It isn't true to say that the enquiry determined the cyclist in this case determined that the cyclist wasn't at fault. The coroner decided to record it as an accidental death because that was the only option open to them. The police had declined to press charges initially and that may have been because it wasn't recorded as a road traffic collision until two months afterwards by which time it was too late to collect evidence to secure a conviction. That the cyclist was an investment banker and therefore able to afford expensive legal representation may also have had some bearing on the lack of action taken against him.Any one who cycles regularly knows that pedestrians will regularly step out in front of them assuming the road is clear because they don't hear the sound of an engine. Obviously any collision is primarily their fault but any cyclist who does ride in the expectation that this is likely to happen is also partly culpable.

Mark Evans ● 271d

Simon, I'll try my damnednest to keep this thread civil.The case you mentioned (the Regent's Park one) is an utter tragedy, no ifs no buts. An elderly lady died walking her dog, and that's something that should never have happened.The cyclist was going above the 20mph limit, that's for sure, and it's also true that both Regent's Park and Richmond become a peloton on weekends, which is something I personally don't agree with and is one of the reasons why you'll see me in either (mostly the Tamsin trail) at 5AM on weekends when the light comes up early. You can't have people in TT bikes and aerosuits in a city park mixing with pedestrians, cars and horses, especially if they're going on the aerobars. (And I don't quite like the snobbery to be fair, but that's just me).But it has to be said that the enquiry itself determined that the cyclist wasn't at fault. The poor lady crossed the road without watching, leaving him no time to break. This is NOT to say that the lady is at fault, she has paid the ultimate price for this slight lapse of attention. What I think we ought to be having is a mature conversation on cycling (fat chance, considering that this forum is unfortunately awash with people calling each other names like they were 6 instead of 60). I think there's a fundamental difference between, say, the cyclist going to work, or taking kids to school, or going for a nice recreational ride, and the semi-pro riding in a peloton like it's the Giro. I happened to gatecrash (while trying to go to work off-hours) into the starting line of the Ride London event last weekend: they had volunteers, a signposted route, and it was next to impossible for the random pedestrian to crash into the peloton. Safe, nice, and good for everyone. Then, every Saturday and Sunday in Richmond and Regent's parks, we have the same crowd, doing the same speeds, but with no safety nets at all. And that's dangerous, because I know how clueless people are and how hard it is to avoid a pile-up when somebody walks into a line of cyclists. In this specific case, then, in my opinion we have two choices: ban or regulate. Banning, in my opinion, serves no purpose. People will just do it, and the Met is just not geared up to police it. Regulate means that the clubs doing laps (they're all clubs anyway, and if you look at the bikes they're not made of zero-hour contract workers) take part in funding marshals, safety barriers and safe routes for pedestrians. They already do it on race days.That's just my 2p's worth for these sorts of events, but I wouldn't take one (tragic) example to paint every single one of the millions who cycle. Otherwise we might be doing the same with car drivers and that's as wrong.

Francis Sheehan ● 271d