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MSPs debate 'stricter liability' law proposed by cycle campaigners MSPs debate 'stricter liability' law proposed by cycle campaigners
(about 4 hours later)
The issue of compensation for cyclists and other vulnerable road users involved in accidents is to be debated at Holyrood later. The issue of compensation for cyclists and pedestrians involved in accidents is to be debated at Holyrood later.
Campaigners want new legislation which would make motorists automatically at fault in civil actions in Scotland.Campaigners want new legislation which would make motorists automatically at fault in civil actions in Scotland.
They say they have already received cross-party support for a Bill to be brought forward.They say they have already received cross-party support for a Bill to be brought forward.
The UK is one of only five European countries that do not currently have the law, known as "stricter liability".The UK is one of only five European countries that do not currently have the law, known as "stricter liability".
Nine cyclists died on Scotland's roads last year, with a further 167 injured.Nine cyclists died on Scotland's roads last year, with a further 167 injured.
Campaigners said those involved in collisions with cars can wait up to nine months to receive compensation - even in straightforward cases. Campaigners said those involved in collisions with cars can wait up to nine months to receive compensation - even in straightforward cases - while in serious or fatal accidents it can take more than two years.
In serious or fatal accidents, it can take more than two years before the case is concluded.
Online signaturesOnline signatures
Earlier this year, a group called Cycle Law Scotland launched its campaign to introduce "stricter liability" in such cases. Earlier this year the group Cycle Law Scotland launched a campaign to introduce "stricter liability" in such cases.
Under these arrangements, a motorist would be presumed liable in a legal claim against them if they had been in collision with a cyclist or pedestrian. Under these arrangements, a motorist would be presumed liable in a legal claim against them if they had been in collision with a cyclist or pedestrian, though they would still have the option to allege the cyclist had caused the accident.
It would still be open to the driver to allege the cyclist had caused the accident. Scottish Cycling, the governing body for cycling in Scotland which has 12,000 members and 150 clubs, has now joined the campaign and more than 5,000 people have signed an online petition for a Members Bill to be brought forward at the Scottish Parliament. MSPs will discuss the change in a Member's Debate today.
Scottish Cycling, the governing body for cycling in Scotland which has 12,000 members and 150 clubs, has now joined the campaign. Cycle Law Scotland founder Brenda Mitchell said: "Receiving the support of Scottish Cycling is a huge boost to our campaign as it's members represent a significant portion of the cycling community.
More than 5,000 people have signed an online petition for a Members Bill to be brought forward at the Scottish Parliament.
MSPs will discuss the issue of stricter liability during a members debate later.
Cycle Law Scotland founder Brenda Mitchell said: "I am delighted to be able to demonstrate the growing support for stricter liability on the same day as MSPs prepare to debate our proposals in Holyrood.
"Receiving the support of Scottish Cycling is a huge boost to our campaign as it's members represent a significant portion of the cycling community.
"I welcome its backing and hope this will help encourage the Scottish government to take a serious look at what we are proposing.""I welcome its backing and hope this will help encourage the Scottish government to take a serious look at what we are proposing."
She said that although the latest figures showed road deaths had reduced, the number of cyclists injured was rising. She said the number of cyclists being injured on the roads was rising.
She added: "By introducing stricter liability laws as part of package of measures and in line with our European neighbours, there's a strong possibility we will eventually see this worrying trend reverse."
Package of measuresPackage of measures
Craig Burn, chief executive at Scottish Cycling, said: "Scottish Cycling is happy to back the campaign for stricter liability as part of a package of measures needed to improve road safety for all. Craig Burn, chief executive at Scottish Cycling, said: "It is our goal to promote and encourage the sport of cycling at all levels and we recognise safety plays a big part in successfully encouraging more people to take to two wheels."
"It is our goal to promote and encourage the sport of cycling at all levels and we recognise safety plays a big part in successfully encouraging more people to take to two wheels."
Alison Johnstone, Scottish Green MSP for Lothian and co-convener of Holyrood's group on cycling, said: "The number of fatalities and injuries to pedestrians and cyclists on Scotland's roads is unacceptably high.Alison Johnstone, Scottish Green MSP for Lothian and co-convener of Holyrood's group on cycling, said: "The number of fatalities and injuries to pedestrians and cyclists on Scotland's roads is unacceptably high.
"Versions of a strict liability rule exist in the civil law of many European countries and it could make a difference here as part of a package of measures. "Versions of a strict liability rule exist in the civil law of many European countries and it could make a difference here as part of a package of measures."
"It is heartening to see MSPs from all parties agreeing that it deserves debate."