Leading road safety charity, BRAKE, has announced it is backing the campaign calling for presumed liability for Scotland’s vulnerable road users.

BRAKE has pledged its support to Road Share, which is making the case for a change in Scots Civil Law to protect walkers and cyclists. It proposes the introduction of new liability laws as part of a balanced package of measures to bring about a cultural shift on the roads and ensure that the drive to increase active travel is matched by improved safety.

The charity’s endorsement of the campaign follows the publication of research which found that countries with high levels of walking and cycling and low casualty rates have some form of presumed liability legislation and there is a clear and strong association between presumed liability and higher levels of safe walking and cycling.

The Road Share campaign already has high profile support from politicians, professional cyclists and celebrities and its petition for a change in Civil Law has secured almost 9,000 names.

Gary Rae of BRAKE commented:

“Studies of our own have shown that too many drivers do not concentrate at the wheel, often flouting road safety. All too tragically, there are consequences to this, especially for the more vulnerable road users such as pedestrians and cyclists. A simple, and ultimately very fair and reasonable change to our Civil Law, would constitute a big step forward to changing attitudes on the road and would clearly show that, as a nation, we consider road safety a priority.”

A system of Presumed Liability would mean that following a collision between a motorist and a cyclist or pedestrian, the motorist (via their insurer) would be presumed to be liable for injury, damages or loss, unless they can demonstrate otherwise.

Presumed Liability is different from the current fault-based system as it shifts the burden of proof from the vulnerable to the powerful. Rather than the more vulnerable road user needing to prove that the less vulnerable road user was at fault, the burden of proof is shifted to the less vulnerable road user when determining compensation. On this basis, if cyclists collide with pedestrians, then liability attaches to cyclists.

For the most vulnerable road users, Road Share Campaign is proposing Strict Liability, so that adults aged over 70, children aged under 14 and the disabled receive full compensation regardless of fault.