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Abstract
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The contribution of Boufous, S. (2017), It is time to consider a presumed liability law that protects cyclists and other vulnerable road users, Journal of the Australasian College of Road Safety, 28(4), 65-67, provides a thoughtful commentary on what is clearly a pressing need to provide a road traffic system that is safe for all road users and encourages healthy and sustainable modes. The author provides a case for the introduction of strict civil liability laws to encourage drivers to take more care to avoid cyclists, in turn providing a more fair and safe environment for cyclists.
Arising from this paper, there are two questions to be considered: one practical and the other ethical. The practical question is whether the change will make a difference. The author provides evidence that strict liability will improve driver behaviour by reference to two studies. A paper from the United States (Maker, 2015) refers to experience in a number of European jurisdictions. The paper provides counter arguments, including a statement that many in the Netherlands are not aware of their liability laws (Maker 2015, p488) but couches these arguments as being promoted by "skeptics" or "critics". Maker concludes that strict liability "...would create safer roads for cyclists." (Ibid, p505). However, this conclusion appears to be based on subjective judgements such as: "Even the automobile driver who does not care about the safety of the cyclist will surely care about the impact on his wallet" (Ibid, p502) and comparisons with the application of strict liability for defective products - a quite different behavioural and organisational context. The second paper (Pucher & Buehler, 2008) examines the factors encouraging safer cycling in a number of European countries. It concludes that "… the key to achieving high levels of cycling appears to be the provision of separate cycling facilities along heavily travelled roads and at intersections, combined with traffic calming of most residential neighbourhoods".
Against this limited evidence, one needs to consider the extensive body of understanding that is the basis of traffic enforcement systems.
Language: en |