Introduce presumed liability for civil cases from road traffic collisions

Background

Introduce presumed liability for civil cases relating to certain road collisions, to shift the burden of proof. It would mean when vulnerable road users, e.g cyclists & pedestrians, claim against a more powerful road user (a driver), the driver would be presumed liable unless they prove otherwise.

Additional details

We think this would compensate vulnerable road users, such as cyclists and pedestrians, more quickly and effectively. Pedestrians, cyclists and horse riders are often unable to obtain compensation because of a lack of adequate evidence. If a vulnerable road user is killed they are not there to give evidence; if they are seriously injured it may be impossible for them to give complete or satisfactory evidence of the circumstances in which they were injured.

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