A campaign which could radically change the way cycling disputes are resolved in Scotland has been welcomed by cyclists’ groups.
Specialist law firm Cycling Law Scotland is looking to introduce a strict liability rule into civil law for cycling cases which would mean motorists would bear the burden of responsibility in any incident involving a driver and a cyclist.
A petition will be lodged with the Scottish Government in a bid to introduce the plans via a private members bill.
The campaign has already received strong support from cycling groups across Scotland.
Personal injury lawyer Brenda Mitchell, of Cycling Law Scotland, said: “The UK is out of step with Europe as it is only one of a small number of EU countries 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.
“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.”
Sally Hinchcliffe, of Pedal on Parliament, said her group was backing the campaign and urged others to encourage parliament to look at changing the law to protect cyclists.
She said: “Although we’ve not been directly involved in setting up this petition, we do support the call for strict liability and in our manifesto we note that part of the Scottish Government’s cycling action plan for Scotland included looking into the issue and we’re keen that it not be side-lined.
“Of course, there are many more things that also have to be done to make cyclists safe on the roads the most important being more investment in high-quality cycling infrastructure and better design so that vulnerable road users are not put in conflict with heavy traffic and, as importantly, bikes aren’t put into conflict with pedestrians.
“As well as this petition, we’d urge everyone who wants to see safer conditions for everyone to cycle in Scotland to join us on Sunday May 19 to support the whole package of measures in our manifesto.”
David Martin, chairman of Dundee and District Cyclist Association, also backed the plans.
Having lived in Norway where a strict liability rule is in place, Mr Martin said that he has seen the benefits first hand.
“I would be very much for it,” he said. “The impression I got from Norway is that car drivers become much more aware of cyclists and they become much more visible. The highest visible clothing on the street is the dark blue of the policeman’s uniform you notice the things that are important to you.
“In terms of reducing accidents and making life safer for all concerned, this change in the law would do that. I hope that the political climate now is that it will be taken seriously and they will look at the experience and impact it has had in other countries.”