The bigger, faster, British style roundabouts can be killers.

Strict Liability Concerning Bicycle Car Collision http://suggest.getup.org.au/forums/60819-getup-campaign-suggestions/suggestions/2431920-strict-liability-concerning-bicycle-car-collision?ref=title

Most of us know of cases where a friend or family member has been hit by a car whilst riding a bicycle. Often it is worse, involving the car driver failing to stop; the cyclist being threatened with violence; the cyclist being unable to recover costs for damage caused; or, as a final blow, the failure of our legal system to assist with following up the case and prosecuting the driver. A recent example of our police failing to protect cyclists has been documented by Bicycle Victoria[1].

The Strict Liability framework forces drivers to be directly and immediately responsible for any injury they may cause. It removes the ‘innocent until proven guilty’ smokescreen where a perpetrator of injury and damage on our roads can use an excuse as weak as ‘but the cyclist rode out in front of me’.

We argue that the current Victorian system removes any responsibility from the individual. The Traffic Accident Commission provides the public insurance scheme that allows a driver who causes injury to remain unaccountable and innocent.

By attributing legal and financial responsibility to road users in proportional to the risks they pose, the roads will become safer and healthier. More people will cycle and health, cost and environmental benefits will be realised.

Internationally, there is a correlation between Strict or presumed liability laws and decreased fatalities (eg in the Netherlands and Denmark [2, 3]). Where these laws exist, higher rates of cycling are visible and injuries sustained per bicycle kilometre traveled are lower.

Changing onus and responsibility is not a substitute for more and safer cycling infrastructure, but it is still a necessary first step to making our roads safer and decreasing the all too regular stories we hear of friends or family members who have been injured by cars whilst cycling only to find justice is not available to them.

1 Bicycle Victoria. Trauma Crash Statistics: Police Bosses Fail on Bicycle Door Death http://www.bv.com.au/general/bikes-and-riding/10218/

2 Danish Road Traffic Act §101 in the Traffic Act https://www.retsinformation.dk/forms/R0710.aspx?id=139027#Kap16

3 International Traffic and Accidents Database (IRTAD), 2005 and 2010 Annual Reports

facebook page: http://www.facebook.com/pages/Strict-Liability-Concerning-Bicycle-Car-Collision/333084976705503

@Dan Yep, I don’t think anyone have ever mistaken a driving test for an IQ test.

@Dave If I actually had a helmet cam I might not have taken it with me for a quick spin down to the shops. So this is a good reminder that when I do get one to always take it with me—you never know when you’ll witness gold like this.

Just like your encounter…

Riding a bike on the road certainly provides regular entertainment.