This page is a draft under construction. It is a widely editable wiki page and should not be assumed to be official Cycling Embassy policy.
“The Netherlands and Denmark have a law of ‘strict liability’ to protect vulnerable road users from more powerful road users. Under this law, in crashes involving vulnerable road users, unless it can be clearly proven that the vulnerable road user was at fault, the more powerful road user is found liable by default. This makes Dutch and Danish drivers more cautious around cyclists and pedestrians and is responsible for their safe roads.”
The weak version of this claim goes on to state that strict liability is a necessary component of the Dutch model and of growing cycling rates. The strong version of the claim states that strict liability alone is sufficient to create civilised streets and grow cycling rates.
Strict liability laws are widely supported by British cyclists and cycling campaigns, though the strength of the claims that are made for them varies. Through Chinese whispers, exaggerations and misunderstandings, there are several different ideas in circulation for what strict liability actually is.
“Strict liability: why it’s a life-saver”, at the I Pay Road Tax campaign, is typical of the strong claims made for the power of strict liability, and this Brighton newspaper article typical of the coverage of those claims. The CTC’s claims about strict liability are more muted. This blog post includes a typical example of the misunderstandings and incorrect definitions of strict liability that are common, and the claims that are associated with those definitions.
1 UK Cycle Rules: ‘Strict liability’ and legal protection for cyclists
4 e.g. this blog post, which makes the “criminal law” mistake: “Under Strict Liability if you hit a cyclist in a car it’s up to you to prove that you are innocent, as oppose to the injured cyclist (or their bereaved family) trying to prove that the bigger threat was guilty.”
6 Ontario Highway Traffic Act, 1990. Part XI, 193. (1): “When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.”
7 e.g. Beware the rogue bicycles… Petronella Wyatt attacks the cult of cycling after her frail mother was knocked down in the Daily Mail.
This is one of several claims for potential ways to increase the numbers of people cycling, and which may be suggested as routes to a mass cycling culture that do not require segregated cycling infrastructure: