M
Matt B
Guest
Howard wrote:
> On May 14, 8:43 pm, Matt B <"matt.bourke"@nospam.london.com> wrote:
>
>> AFAIK, the Netherlands use a "risk liability" system, with motorists
>> automatically deemed to be 50% liable for personal injury compensation
>> of vulnerable (pedestrian or cyclist) adult road users (100% for
>> children), regardless of culpability, caused in any collision they are
>> involved in, the other 50% being decided by fault. Any resultant
>> criminal actions, whether against the motorist or the "vulnerable user"
>> are based 100% on fault.
>>
>
> I believe you are right on this one, the 'automatic' liability relates
> only to civil compensation awards.
Yes.
> However, the clear message is
> still that he who poses the greatest risk carries the greatest burden
> of responsibility, as it should be.
It does, though, ignore the amount of care being taken. If, knowing my
responsibilities to other road users, and as a very careful, and very
considerate driver, I was hit by a reckless cyclist, through absolutely
/no/ fault of my own, I would be miffed to have to pay him a penny, let
alone 50% of any damages he managed to scam his way into receiving.
> Such a principle is nothing new in
> Europe, although the motoring lobby ensured such a principle was not
> adopted in the car-dominated UK when it was proposed back in 2002.
I think that the anti-social element of the cycling fraternity bears a
lot of responsibility for that decision. It was successfully argued
that, given their propensity to ignore traffic lights, ride on
pavements, and generally weave with gay abandon through the traffic,
that there would be a glut of wilful claims against "innocent" motorists
triggered simply by the fact that they would be given licence to ride as
recklessly as they wished, regardless of the consequences, and that the
nearest motorist to any collision, or "accident", involving a cyclist,
would be forced to pick up the bill.
--
Matt B
> On May 14, 8:43 pm, Matt B <"matt.bourke"@nospam.london.com> wrote:
>
>> AFAIK, the Netherlands use a "risk liability" system, with motorists
>> automatically deemed to be 50% liable for personal injury compensation
>> of vulnerable (pedestrian or cyclist) adult road users (100% for
>> children), regardless of culpability, caused in any collision they are
>> involved in, the other 50% being decided by fault. Any resultant
>> criminal actions, whether against the motorist or the "vulnerable user"
>> are based 100% on fault.
>>
>
> I believe you are right on this one, the 'automatic' liability relates
> only to civil compensation awards.
Yes.
> However, the clear message is
> still that he who poses the greatest risk carries the greatest burden
> of responsibility, as it should be.
It does, though, ignore the amount of care being taken. If, knowing my
responsibilities to other road users, and as a very careful, and very
considerate driver, I was hit by a reckless cyclist, through absolutely
/no/ fault of my own, I would be miffed to have to pay him a penny, let
alone 50% of any damages he managed to scam his way into receiving.
> Such a principle is nothing new in
> Europe, although the motoring lobby ensured such a principle was not
> adopted in the car-dominated UK when it was proposed back in 2002.
I think that the anti-social element of the cycling fraternity bears a
lot of responsibility for that decision. It was successfully argued
that, given their propensity to ignore traffic lights, ride on
pavements, and generally weave with gay abandon through the traffic,
that there would be a glut of wilful claims against "innocent" motorists
triggered simply by the fact that they would be given licence to ride as
recklessly as they wished, regardless of the consequences, and that the
nearest motorist to any collision, or "accident", involving a cyclist,
would be forced to pick up the bill.
--
Matt B