This document discusses cycling and civil law in Scotland. It covers topics like the fault-based legal system, common cycling incidents, challenges with police reports of collisions, insurers' excuses to deny liability, the claims process around liability determination, damages assessment, rehabilitation, and quantification of damages. It emphasizes the injustice of requiring injured cyclists to prove fault to claim damages. Overall, the document aims to help cyclists understand their rights and options if involved in an incident, and advocates for a shift to a presumed liability system to make the process less burdensome for injured parties.

1. “Cycling and Civil Law”
11th June 2018

3. Criminal Law
‘Innocent until proven guilty’

4. Balance of Probability
Negligence

5. Prove fault

6. Fault based system
“To require an injured
person to prove fault
results in the gravest
injustice to many innocent
persons who have not the
wherewithal to prove it.”

7. Common Cycling Incidents
Dooring
Junctions
Passing
Roundabouts

8. Dougie Hay
Fault based system - Dooring

10. Ronnie Docherty
Fault based system - Junctions

11. Fault based system - Roundabouts

12. Motor Insurers’ Bureau
Kieran Power

13. Challenges – Police
#OPCLOSEPASS

14. “Insurers’ Excuses”
• “The cyclist came out of nowhere.”
• “The cyclists pulled of the pavement in front of
me.”
• “The cyclist was riding too fast.”
• “There was a low sun.”
• “The cyclist fell off due to the wind or a pothole.”
• “The cyclist went through a red light.”
• “The cyclist was not wearing a helmet.”

15. Protocol
• Liability – 12wks
• Quantum

16. Restitutio in integrum
“Restoration of an injured party to the
situation which would have prevailed had no
Injury been sustained; restoration to the
original or pre-contractual position.”

17. Damages
• Bicycle
• Helmet
• Kit
• Help and Assistance
• Expenses
• Injury
• Loss of income

18. Damaged Bike Assessment
Network of 150+ bike shops across Scotland

19. Interim payments

20. Injury

21. Quantum

23. Rehabilitation
• Initial needs assessment
• Physiotherapy/Counselling
• Case management
Code of best practice.

25. Quantification of Damages
Wage loss
Pension loss
Adaptation
Needs and
equipment
Care costs
Housing

26. End Result - Settlement

27. End Result – Court action

28. Everyone is an individual

29. What if it happens to you?

30. What if it happens to you?

31. What if it happens to you?
• Police Incident
Information form.
• Photos from the scene.
• 3rd Party Reg No.

32. Collision Card

33. Legal Expense Protection

34. Campaigning for safer cycling in
Scotland
Campaign for
Presumed Liability

36. Making a positive difference
Q and A?