Brenda Mitchell: Strict alternative to mayhem on our roads and in court Scotsman Monday 15 April
http://www.scotsman.com/the-scotsman/scotland/brenda-mitchell-strict-alternative-to-mayhem-on-our-roads-and-in-court-1-2894845
Facebook page
https://www.facebook.com/pages/Campaign-for-Strict-Liability-Road-Share/325490610906406
Twitter account https://twitter.com/roadshare
Web page http://www.cycling-accident-compensation.co.uk/strict-liability.aspx
PRESS RELEASE
Strictly embargoed for Monday April 15, 2013
Cycling Campaign to bring Scotland in line with the rest of Europe
A campaign is being launched to bring Scotland into line with the rest of Europe by introducing strict liability to Scots civil law for road accidents involving cyclists.
Strict liability will ensure that cyclists and other vulnerable road users involved in road traffic accidents are compensated fairly and quickly, by establishing a hierarchical structure to identify responsibility.
Cyclists seriously injured in a road traffic accident and the families of those killed typically battle through the legal process for well over two years before receiving compensation or the full and proper medical care for their injuries. This is despite the fact that almost all cases brought to court are found against the motorist and in favour of the cyclist.
Lynda Myles of Edinburgh lost her son Craig Newton in April 2011. He was fatally injured in a collision with a City of Edinburgh Council vehicle. His bicycle was struck by the lorry and in all probability he fell underneath the wheels sustaining fatal injury. The case is still going through the legal system.
Jamie Aarons of Glasgow had to fight through the Courts to obtain compensation after a taxi driver who, parked on her nearside, opened his door into her path. She had no opportunity to take evasive action causing damage to her bike and helmet. The legal costs grew to nearly £20,000.
Those leading the Campaign for Strict Liability: Road Share say that it is the only proper response of a mature and civilised nation and that Scotland should take a lead if it is serious about reducing the 156 serious injuries sustained by cyclists on Scottish roads in 2011. Campaigners believe that not only will it help to resolve liability quickly, but it will also create a cultural shift in driver behaviour, cutting the number of accidents.
Brenda Mitchell, a personal injury lawyer of 25 years’ experience and a passionate cyclist, said:
“The UK is out of step with Europe as only one of a small number EU countries alongside Portugal, Malta and Ireland that does not operate a system of strict liability for vulnerable road users.
“As a consequence, our current system expects those injured or the families of those killed to go through an often harsh and protracted process to gain much needed treatment, care or compensation. On the Continent, strict liability is seen as an integral factor of cycle safety and Scotland has the power to introduce this principle into civil law to demonstrate its credentials as a civilised, cycle-friendly nation. In those EU countries who have strict liability, accidents involving cyclists are also significantly lower.
“We believe that as the Scottish Government promotes cycling as a means for good health and energy sustainability, it should also take a lead in providing cyclists with proper legal protection.”
The campaign has been launched by Cycle Law Scotland and is backed by both cycling and motoring groups in Scotland, including CTC Scotland, SPOKES, Pedal on Parliament and RED driving school. A petition will be launched shortly and the aim is to introduce a Member’s Bill into the Scottish Parliament.
Brenda adds:
“The campaign sets out to highlight the dangers cyclists face from motorists and help facilitate a change in attitudes amongst road users to one based on mutual respect and understanding. Over the course of the next two months, we are running an online petition and forums to share knowledge and advice.”
Richard Lyle, MSP for Central Scotland, supports the campaign. He said:
“The laws around strict liability should be looked at as we work to make Scotland a cycle-friendly nation.
“For too long, strict liability for road users has been dismissed as too difficult or too contentious a law, but in a modern society that sees cycling as an integral part of a healthy lifestyle and sustainable economy, it is important to put this debate back on the agenda.
“If strict liability can be shown to help improve road safety and provide protection for those injured, then Scotland should not be afraid to take a lead and change the law.”
Lesley Riddoch, the award winning journalist, commentator and broadcaster has also backed the campaign.
Lesley said:
“We know for the good of health, happiness and the planet it makes sense to get to school, work and shop on bikes. The last survey found 36% of Scots have a bike in the garage – but only 4% use it regularly on the road. The main reason for the disparity – not rain, not hills not even bad hair. It’s fear of being struck by cars.
“Other European nations countries massively increased cycle use by building cycle paths that are separated from roads and pedestrians – and by changing the law so drivers are presumed to be in the wrong if there’s an accident. Having cycled in Oslo and Copenhagen I can testify to the “kid glove treatment” given by drivers to cyclists and pedestrians.
“The “strict liability” law is rarely used– it’s changed driving behaviour so profoundly. Just like seatbelts we will look back one day and wonder how on earth we ever tolerated the mayhem on our roads before we put the onus on drivers to take more care.”
Facebook page https://www.facebook.com/pages/Campaign-for-Strict-Liability-Road-Share/325490610906406
Twitter account https://twitter.com/roadshare
Web page http://www.cycling-accident-compensation.co.uk/strict-liability.aspx
Notes to Editors
1. The Campaign for Strict Liability: Road Share has been initiated by Cycle Law Scotland and has the support of cycling groups Pedal on Parliament, SPOKES and CTC Scotland, the driving school RED and politicians, including Richard Lyle, MSP for Central Scotland.
2. Cycle Law Scotland is headed up by Brenda Mitchell a personal injury lawyer of 25 years standing and a passionate cyclist.
3. In all cases handled by CLS primary fault and responsibility always rests with the motorised vehicle.
4. In 2011, the last year when data is available, 156 cyclists were seriously injured on Scotland’s roads (ref. Transport Scotland).
5. Cyclists injured in accidents involving a car currently wait, on average, 6-9 months to receive compensation, when the case is relatively straightforward. In serious or fatal injuries, the cyclists or their families can wait in excess of 2 years before their case is decided.
6. Evidence from cycling groups on the Continent show strict liability to be an integral part of cycle safety, increasing mutual respect between motorists, cyclists and pedestrians. The UK is only one of a small number of EU countries, along with Portugal, Malta and Ireland, that does not operate a Strict Liability system for road users.
7. Research by RED Driving School found that 75 per cent of driving instructors believe that learner drivers should be taught to be more aware of cyclists.
8. All enquiries, please call Fiona Miller or Elizabeth Lambley, Indigo, 0131 554 1230
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