Effective Road and Traffic Management

Written evidence from Cycle Sheffield (ETM 55)

Hundreds of pedestrians and scores of cyclists get injured or killed by car drivers every year. The 2008 road casualty figures show that 332 pedestrians were killed in car/pedestrian collisions, and in car/ cyclist collisions 52 cyclists were killed. In all 390 cases not one car driver was killed. Amongst pedestrians, cyclists and car drivers, it is clear that the car driver is most likely party to inflict injury or death upon the others.

Similarly, when pedestrians and cyclists are involved in collisions, which is rare, it makes sense to conclude that the cyclist would be seen as the stronger party. This does not mean that either party is automatically to blame.

 It goes against natural justice that the burden of proof would be on the more vulnerable road user and not the one who is actually more likely to cause harm: inflicting pain and suffering through causing injury, or devastating families by causing death.

 If you think so too, it would be much appreciated if you could highlight to the Minister for Transport, the Minister for Road Safety and your party colleagues on the Transport Select Committee that we should subscribe to a more civilised system that favours the vulnerable. Could I also please ask you to sign any Early Day Motions that relate to this.

 Liability should be considered on a fair and proportionate basis to provide legal protection to the vulnerable road user. This could be achieved by establishing a hierarchy of care (as the Scottish Government is considering) where the burden of proof would always be on the user of the heavier vehicle (the party more likely to cause injury or death). This would show the commitment of this Government to its agenda of societal and social fairness. It does not assume guilt on the part of the driver of the heavier vehicle.

 This principle of proportionality described above is in place in all but four European countries, the UK being one of them. The other three are Ireland, Cyprus and Malta. It should be noted that stricter liability has not resulted in higher insurance premiums for motorists in the countries that have adopted it.

June 2011