Whether or not you are a victim of a cyclist , pedestrian or motorist is immaterial when it comes to claiming compensation. All can be claimed against but you have to have proof. Victims of accidents involving cyclists and pedestrians are fairly rare but if you can prove negligence or worse then you can make a claim - if you have the proof. In most cases there are no independent witnesses to provide that proof so no very little chance of getting compensation. In this instance we (cyclists) believe the principle of Strict Liability, which is recognised in most European Countries but significantly not the UK, should be applied here. "As I understand it" - sorry for the phrase but I am no lawyer, the liability in any accident is then shared between the two parties unless one party can prove the other is at fault. The motoring fraternity always quote that everyone is "Innocent until Proved Guilty". Unfortunately this means in every "accident" the victim has to prove the other party was at fault, which in the vast majority of cases is impossible due to there being no independent witnesses. If Strict liability were accepted at least you would get partial compensation unless the other party could prove otherwise. The motor vehicle, yes and even the bicycle, is no less a lethal weapon than a knife or a gun the use of which you should take responsibility for, but in the UK the motorist gets far more lenient treatment than the knife or gun owner. Several years ago a man went out in a defective car, drove irresponsibly and killed 4 cyclists. All the police could charge him with was having 3 bald tyres for which he was fined £186, the victims families were then left to try to get compensation themselves, unsuccessfully I believe. At much the same time a woman was being terrorised by a couple of thugs. she went out with an air pistol and although no one was hurt she was put in prison and lost her job. Again at that time my friends and I were cycling in the lanes near Wilmslow. A motorist came round the corner travelling too fast, hit the grass verge and shot across the road behind us ending up in the hedge. A little earlier and he could have killed all 4 of us. We turned back to see if he needed assistance and were horrified to see a lady cyclist laying injured in the road. Ambulance and police were called and our statements taken but we heard no more, presumably because the "accident" occurred behind us and we didn't see the actual impact. It would then have been up to the lady to take out a civil action which with "no independent witnesses" was unlikely to succeed. It is time the UK recognised this unbalanced use of the law in this country.
Topic: Get Britain Cycling (Read 11448 times)