Drivers 'should always be blamed for cycle crashes'



Motorists should be made legally responsible for all accidents involving cyclists, even if they are not at fault, say Government advisers.

Cycling England, an agency funded by the Transport Department, wants the civil law to be changed so drivers or their insurers would automatically be liable for compensation claims.

The proposal will infuriate drivers, many of whom are angered by the antics of 'Lycra louts' - cyclists who sail through red lights, go the wrong way up one-way streets and intimidate pedestrians on pavements and zebra crossings.

Road wars: The Cycling England agency wants the most powerful vehicle involved in a crash automatically liable for compensation or insurance claims (file picture)

It comes after ministers suggested allowing cyclists to ride the wrong way down one-way streets in an attempt to encourage more people to switch to two wheels.

The proposal by Cycling England is modelled on regulations in the Netherlands, Denmark, and Germany, which are heavily skewed in favour of cyclists.

Even in cases where a crash results from illegal or dangerous manoeuvres by the cyclist, the motorist is usually blamed.

The motorist is always legally responsible for any crash involving a child or elderly cyclist, even if they are cycling in the wrong direction, ignoring traffic signals, or otherwise flouting traffic regulations. Now cyclists' groups want similar measures included in the Government's forthcoming National Cycling Plan and Active Transport Strategy.

As well as cyclists, pedestrians would also be assumed not to be at fault in civil law if hit by a car. The 'most powerful vehicle' involved in a crash would automatically be liable.

Where a cyclist was hit by a car, the presumption of blame would fall on the driver. Cyclists would automatically be blamed if they hit a pedestrian. The proposals would not apply to the criminal law. Cyclists' groups say the reforms would encourage people to get out of their cars and make more journeys by bicycle or on foot.

A report being prepared by officials for ministers is expected to recommend that councils should introduce 20mph zones in residential streets where there are high numbers of cyclists or pedestrians.

Phillip Darnton, chief executive of Cycling England, said: 'I would like to see the legal onus placed on motorists when there are accidents; speed limits reduced to 20mph on suburban and residential roads; cycling taught to all schoolchildren; and cycling provision included in major planning applications.'

Ministers have already suggested allowing cyclists to ride the wrong way down one-way streets.



A pilot project is being launched in Kensington and Chelsea that will permit cyclists to ignore 'No entry' signs. A plaque will be attached to the signs saying 'Except cycles'.

The Cycling England proposals could fuel tensions between motorists and cyclists.

Edmund King, president of the AA, said: 'Many cyclists are motorists and many motorists are cyclists. Simple changes in the law that assume one party is in the wrong because of what they drive will not help harmony on the roads.'

A Department for Transport spokesman said: 'This is something that gets raised by pressure groups from time to time.

'Cycling England has proposed it, but it is not something that is being considered by ministers.'