Research
 

Following a meeting with former Scottish Transport Minister, Keith Brown in November 2013, the Road Share Steering group commissioned detailed research in order to provide a detailed basis for the introduction of Presumed Liability for vulnerable road users in Scotland.

The full report can now be downloaded from here ---------------->

Key highlights are:-

- Government attempts to encourage active travel are being hampered by a lack of legislation that protects walkers and cyclists.

- Walking and cycling are becoming relatively less safe when compared to car travel in Scotland.

- There's a clear and strong association between presumed liability and higher levels of safe walking and cycling.

- The current situation where vulnerable road users who cause the least harm are also the least protected by the law, does not sit comfortably for a mature and socially conscious nation.

- Presumed liability laws provide an incentive to exercise care.

- Our current road traffic liability laws expect those injured or the families of those killed to go through an often harsh and protracted legal process to gain much needed treatment, care and compensation. This is wrong and socially divisive.

- Lower litigation and insurance costs are achieved due to a higher proportion of victims obtaining compensation quickly and fairly.

- Presumed Liability has already been successful across a range of sectors in Scotland including environment, workplace, health and safety and consumer protection. Extending it to transport presents no fundamental legal or administrative barriers.

Research Contributors

The Road Share Steering group would like to acknowledge Eachann Gillies' contribution as the lead researcher for the report. Brenda Mitchell from Cycle Law Scotland provided the Legal expertise and Derek Halden from DHCexpertise in integrated transport.