This document discusses cycling and civil law in Scotland. It outlines common cycling incidents like dooring and issues at junctions. It discusses the fault-based civil liability system and arguments for a presumed liability system. The document provides examples of individuals' experiences with collisions and challenges claiming damages. It also details the claims process, types of damages that can be claimed, and protocols for liability assessments and settlement negotiations. Finally, it encourages campaigning for safer cycling and legal protections in Scotland.

1. “Cycling and Civil Law”
4th July 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. Road Hazards

14. Robinson v SBC

15. Donald’s Experience

16. Cycle Paths

17. Cycle Paths

18. Joe’s experience

19. Jim’s experience

20. Challenges – Police
#OPCLOSEPASS

21. Checks and balances

22. “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.”

23. Protocol
• Liability – 12wks
• Quantum

24. 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.”

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

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

27. Interim payments

28. Injury

29. Quantum

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

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

34. End Result - Settlement

35. End Result – Court action

36. Everyone is an individual

37. What if it happens to you?

38. What if it happens to you?

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

40. Collision Card

41. Legal Expense Protection

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

44. Making a positive difference
Q and A?