History of fault based Civil Legal System for Road Traffic Collisions | Common Cycling Accidents | Road Share | Presumed Liability | Legal Expense Protection | Crash cards | What to do in the event of a collision | Case Law | Case Studies
'Cycling and the Law' - St Andrews cycling communityRod Mitchell
Jodi Gordon, Associate Solicitor at specialist Law firm, Cycle Law Scotland, discusses common cycling accidents | sharing the road | Presumed Liability | Case Law | Case Studies | What to do in the event of an accident | Legal Expense Protection | Headcam footage | Insurers | Compensation Claim process
'Cycling and the Law' - Scottish Borders CyclistsRod Mitchell
Presentation by Cycle Law Scotland founder and Senior Partner, Brenda Mitchell to the Borders cycling community. Civil Law | Fault-based system | Case Law | Case Studies | Roadshare | Presumed Liability
'Cycling and the Law' - Queen Elizabeth University HospitalRod Mitchell
Jodi Gordon, Senior Solicitor at Cycle Law Scotland, talks about the common cycling accident claims she deals with on a daily basis, explains what to do in the event of an accident and talks about the importance of the Road Share Campaign for Presumed Liability.
QMU - Cycling Connections - Cycling and Civil LawRTALS LLP
Jodi Gordon, specialist cycling Lawyer at Cycle Law Scotland, discusses common cycling accidents, fault-based compensation systems and some client case studies. She also argues for the introduction of Presumed Liability.
'Cycling and the Law' - St Andrews cycling communityRod Mitchell
Jodi Gordon, Associate Solicitor at specialist Law firm, Cycle Law Scotland, discusses common cycling accidents | sharing the road | Presumed Liability | Case Law | Case Studies | What to do in the event of an accident | Legal Expense Protection | Headcam footage | Insurers | Compensation Claim process
'Cycling and the Law' - Scottish Borders CyclistsRod Mitchell
Presentation by Cycle Law Scotland founder and Senior Partner, Brenda Mitchell to the Borders cycling community. Civil Law | Fault-based system | Case Law | Case Studies | Roadshare | Presumed Liability
'Cycling and the Law' - Queen Elizabeth University HospitalRod Mitchell
Jodi Gordon, Senior Solicitor at Cycle Law Scotland, talks about the common cycling accident claims she deals with on a daily basis, explains what to do in the event of an accident and talks about the importance of the Road Share Campaign for Presumed Liability.
QMU - Cycling Connections - Cycling and Civil LawRTALS LLP
Jodi Gordon, specialist cycling Lawyer at Cycle Law Scotland, discusses common cycling accidents, fault-based compensation systems and some client case studies. She also argues for the introduction of Presumed Liability.
Brenda Mitchell, founder and Senior Partner at Cycle Law Scotland, Scotland’s award-winning legal service dedicated to representing injured cyclists, discusses real cases studies, case law, common cycling accidents and explains what to do in the event of a collision.
Cycling and Civil Law - Bike for Good (May 2018)RTALS LLP
Cycle Law Scotland provides cyclists with specialist legal representation for personal injury following a road traffic collision. If you’ve been involved in a cycling incident in Scotland through no fault of your own, it’s important to seek expert legal advice as soon as possible, preferably from a lawyer who specialises in personal injury cases and has considerable experience in representing cyclists.
Brenda Mitchell, specialist cycling Lawyer at Cycle Law Scotland and founder of the Road Share Campaign presents the case for the Scottish Government to introduce presumed liability in Civil Law to protect vulnerable road users and help bring about a mutual respect amongst all road users and a change in culture.
Motorcycle collisions, compensation and Civil Law Rod Mitchell
Brenda Mitchell, founder and Senior Partner at Motorcycle Law Scotland covers:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorbike Recovery and charges.
MIB
No Win No Fee
Tony Harbron Talks Digital Marketing and the Lightfoot StoryHanna Mepstead
Tony Harbron, Marketing Director of Lightfoot a Fleet Management & Driver Behaviour Solution, explains how digital marketing has helped the company grow and how they plan to use digital to transition the Lightfoot device to the consumer market.
Road Share - Case for Stricter liability (with notes) - Dec 2014 Parliamentar...Rod Mitchell
Brenda Mitchell, founder of specialist law firm, Cycle Law Scotland and also the Road Share Campaign presents her arguments for stricter (presumed) liability in Civil Law at a Parliamentary Reception hosted by MSP Alison Johnstone at Holyrood.
Electric bikes are poised to be the next breakthrough technology for law enforcement. More & more police departments are upgrading their bicycle fleet to take advantage of what e-bikes have to offer.
Brenda Mitchell, specialist motorcycle Lawyer covers:
Criminal v Civil Law.
Common motorcycle and motoring accident scenarios.
Fault, non-fault and part-fault incidents.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorbike Recovery and charges.
What to do in the event of an accident.
What if it happens to you?
Road Traffic Collisions and Civil Law - Inverness IAM GroupRod Mitchell
Brenda Mitchell, founder and Senior Partner at Motorcycle Law Scotland covers a range of topics including:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Fault, part-fault and non fault incidents.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorcycle Recovery and charges.
Accidents across the Border.
Accidents abroad.
Who pays?
Why do trucks raise the risk of driving?Peter Parkar
Learn what a tractor trailer is conisdered, the most common explanations why accidents are caused, and what you can do to avoid being involved in one. Were you injured in a truck wreck? Contact a truck accident lawyer at Gersowitz Libo & Korek, P.C. We are recognized nationwide as leaders in truck accident law.
Road Traffic Collisions and Civil Law - D&G IAM GroupRod Mitchell
Brenda Mitchell, Senior partner and founder of Road Traffic Accident Law Scotland LLP covered a range of topics including:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Fault, part-fault and non-fault incidents.
Case Law - Motorcycle and Pedestrian.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorcycle Recovery and charges.
Accidents across the Border.
Accidents abroad.
Who pays?
'We've got your back' - East Kilbride RoADAR GroupRod Mitchell
Brenda Mitchell, founder and Senior Partner at specialist motorcycling Law firm, Motorcycle Law Scotland discusses Civil Law | Case Law | Filtering | Rural Roads | Road Surface defects | What to do in the event of an accident | Legal Expense Protection | Compensation Claim process | Case Studies | Headcam footage | Insurers | Motor Insurer's Bureau
Brenda Mitchell, founder and Senior Partner, Cycle Law Scotland presents cycling and Civil Law. She covers common cycling accidents | Case Law | Case studies and explains why presumed liability should be introduced in Civil law for road traffic collisions involving vulnerable road users (cyclists and pedestrians).
Brenda Mitchell, specialist cycling Lawyer at Cycle Law Scotland discusses common cycling accidents, case studies, Road Share Campaign for Presumed Liability.
Brenda Mitchell, founder and Senior Partner at Cycle Law Scotland, Scotland’s award-winning legal service dedicated to representing injured cyclists, discusses real cases studies, case law, common cycling accidents and explains what to do in the event of a collision.
Cycling and Civil Law - Bike for Good (May 2018)RTALS LLP
Cycle Law Scotland provides cyclists with specialist legal representation for personal injury following a road traffic collision. If you’ve been involved in a cycling incident in Scotland through no fault of your own, it’s important to seek expert legal advice as soon as possible, preferably from a lawyer who specialises in personal injury cases and has considerable experience in representing cyclists.
Brenda Mitchell, specialist cycling Lawyer at Cycle Law Scotland and founder of the Road Share Campaign presents the case for the Scottish Government to introduce presumed liability in Civil Law to protect vulnerable road users and help bring about a mutual respect amongst all road users and a change in culture.
Motorcycle collisions, compensation and Civil Law Rod Mitchell
Brenda Mitchell, founder and Senior Partner at Motorcycle Law Scotland covers:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorbike Recovery and charges.
MIB
No Win No Fee
Tony Harbron Talks Digital Marketing and the Lightfoot StoryHanna Mepstead
Tony Harbron, Marketing Director of Lightfoot a Fleet Management & Driver Behaviour Solution, explains how digital marketing has helped the company grow and how they plan to use digital to transition the Lightfoot device to the consumer market.
Road Share - Case for Stricter liability (with notes) - Dec 2014 Parliamentar...Rod Mitchell
Brenda Mitchell, founder of specialist law firm, Cycle Law Scotland and also the Road Share Campaign presents her arguments for stricter (presumed) liability in Civil Law at a Parliamentary Reception hosted by MSP Alison Johnstone at Holyrood.
Electric bikes are poised to be the next breakthrough technology for law enforcement. More & more police departments are upgrading their bicycle fleet to take advantage of what e-bikes have to offer.
Brenda Mitchell, specialist motorcycle Lawyer covers:
Criminal v Civil Law.
Common motorcycle and motoring accident scenarios.
Fault, non-fault and part-fault incidents.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorbike Recovery and charges.
What to do in the event of an accident.
What if it happens to you?
Road Traffic Collisions and Civil Law - Inverness IAM GroupRod Mitchell
Brenda Mitchell, founder and Senior Partner at Motorcycle Law Scotland covers a range of topics including:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Fault, part-fault and non fault incidents.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorcycle Recovery and charges.
Accidents across the Border.
Accidents abroad.
Who pays?
Why do trucks raise the risk of driving?Peter Parkar
Learn what a tractor trailer is conisdered, the most common explanations why accidents are caused, and what you can do to avoid being involved in one. Were you injured in a truck wreck? Contact a truck accident lawyer at Gersowitz Libo & Korek, P.C. We are recognized nationwide as leaders in truck accident law.
Road Traffic Collisions and Civil Law - D&G IAM GroupRod Mitchell
Brenda Mitchell, Senior partner and founder of Road Traffic Accident Law Scotland LLP covered a range of topics including:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Fault, part-fault and non-fault incidents.
Case Law - Motorcycle and Pedestrian.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorcycle Recovery and charges.
Accidents across the Border.
Accidents abroad.
Who pays?
'We've got your back' - East Kilbride RoADAR GroupRod Mitchell
Brenda Mitchell, founder and Senior Partner at specialist motorcycling Law firm, Motorcycle Law Scotland discusses Civil Law | Case Law | Filtering | Rural Roads | Road Surface defects | What to do in the event of an accident | Legal Expense Protection | Compensation Claim process | Case Studies | Headcam footage | Insurers | Motor Insurer's Bureau
Brenda Mitchell, founder and Senior Partner, Cycle Law Scotland presents cycling and Civil Law. She covers common cycling accidents | Case Law | Case studies and explains why presumed liability should be introduced in Civil law for road traffic collisions involving vulnerable road users (cyclists and pedestrians).
Brenda Mitchell, specialist cycling Lawyer at Cycle Law Scotland discusses common cycling accidents, case studies, Road Share Campaign for Presumed Liability.
Street Talks with Jim Davis, Chair, Cycling Embassy of Great Britain – The Joy of Sects: The Evolution of the Embassy
Brought to you by Movement for Liveable London - movementforliveablelondon.com
The World Health Organization (WHO) states that cycling can reduce the risk of cancers, heart disease, and diabetes that are prevalent in sedentary lifestyles
"Cycling and the Law" - Cyclefest Edinburgh 2015Rod Mitchell
Brenda Mitchell, specialist Lawyer at Cycle Law Scotland takes a look at common road traffic collisions for cyclists and describes the experiences of real cyclists when claiming compensation from insurers.
'Cycling and Civil Law' at Bike for Good in GlasgowRod Mitchell
Criminal v Civil Law.
• Common cycling incidents.
• Primary causes of cycling collisions.
• What to do in the event of a collision.
• The claims process and why it is important.
• Dealing with Insurers.
• The role of Police Scotland.
• The role of Specialists.
• Witnesses.
• Case Law and how we apply it.
• Preparing a case.
• The use of CCTV and Video footage.
• Valuing injury, damage and loss.
• Rehabilitation and why it is important.
• Damaged bike assessments.
• Case study examples.
• Video footage.
• Presumed liability and Road Share update.
Motorcycle Collisions, compensation and Civil Law - Lothian and Borders Vinta...Rod Mitchell
Brenda Mitchell, founder and Senior Partner at Motorcycle Law Scotland covers a range of topics including:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Fault, part-fault and non fault incidents.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorcycle Recovery and charges.
Accidents across the Border.
Accidents abroad.
Who pays?
P.A.S.S. System™ Driver Training - Driver safety photos & moviesjoeyg6600
P.A.S.S. System™ Driver Training
Tom Donovan, M.S.
Battalion Chief, PFD (retired)
Member ADTSEA
trdfcu@juno.com
http://www.bestdriversafetytraining.com
Jodi Gordon, specialist cycling Lawyer at Cycle Law Scotland discusses typical cycling accident scenarios, case studies and advises what to do at a crash scene.
April 2011 Street Talk by Jim Davis founder of the Cycling Embassy of Great Britain. Brought to you by Movement for Liveable London -
movementforliveablelondon.com
Cycling Collisions, compensation and Civil Law - DCC - Feb 19Rod Mitchell
Specialist cycling Lawyer discusses
• Criminal v Civil Law.
• Common cycling incidents.
• Primary causes of cycling collisions.
• What to do in the event of a collision.
• The claims process and why it is important.
• Dealing with Insurers.
• The role of Police Scotland.
• The role of Specialists.
• Witnesses.
• Case Law and how we apply it.
• Preparing a case.
• The use of CCTV and Video footage.
• Valuing injury, damage and loss.
• Rehabilitation and why it is important.
• Damaged bike assessments.
• Case study examples.
• Video footage.
• Presumed liability and Road Share update.
Similar to 'Cycling and the Law'- Dundee Cycling Community (20)
Complex Injury Cases and the role of rehabilitationRod Mitchell
Jodi Gordon, Partner at specialist law firm, Road Traffic Accident Law (Scotland) LLP, discusses the ever-evolving area of complex personal injury cases and the role of rehabilitation.
Cycling and Civil Law - your rights and responsibilities - Glasgow Clyde CollegeRod Mitchell
The specialist solicitors at Cycle Law Scotland deal with personal injury claims for injured cyclists across Scotland every day.
In this presentation, we cover the following:-
• Criminal v Civil Law.
• Common cycling incidents.
• Primary causes of cycling collisions.
• What to do in the event of a collision.
• The claims process and why it is important.
• Dealing with Insurers.
• The role of Police Scotland.
• The role of Specialists.
• Witnesses.
• Case Law and how we apply it.
• Preparing a case.
• The use of CCTV and Video footage.
• Valuing injury, damage and loss.
• Rehabilitation and why it is important.
• Damaged bike assessments.
• Case study examples.
• Video footage.
• Presumed liability and Road Share update.
Cycling collisions, compensation and Civil Law - your rights and responsibili...Rod Mitchell
Cycling collisions, compensation and Civil Law - your rights and responsibilities. Presentation and discussion with Jodi Gordon, specialist cycling Lawyer at Cycle Law Scotland.
Motorcycle Collisions, Compensation and Civil Law - Carron Valley MCCRod Mitchell
Brenda Mitchell, founder and Senior Partner at Motorcycle Law Scotland covers a range of topics including:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Fault, part-fault and non fault incidents.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorcycle Recovery and charges.
Accidents across the Border.
Accidents abroad.
Who pays?
Q&A
Cycling collisions, compensation and Civil Law - EDFOC 2019Rod Mitchell
Jodi covers the following topics:-
Criminal v Civil Law
Common cycling incidents
Primary causes of cycling collisions
What to do in the event of a collision
The claims process and why it is important
Dealing with Insurers
The role of Police Scotland
The role of Specialists
Witnesses
Law and how we apply it
Preparing a case
The use of CCTV and Video footage
Valuing injury, damage and loss
Rehabilitation and why it is important
bike assessments
Case study examples
Video footage
Presumed liability and Road Share update
Cycling and Civil Law - your rights and responsibilitiesRod Mitchell
Jodi presentation to Breeze ladies covers the following topics:
Criminal v Civil Law
Common Cycling Accidents
Dooring
Junctions
Roundabouts
Close passes
Road hazards
Potholes
Cycle Paths
Insurers
The role of the Police
Damages
The Claims process
Damaged bike assessments
Injuries and rehabilitation.
What if it happens to you?
Campaigning and Road Share campaign for presumed liability.
Motorcycle Collisions, Compensation and Civil Law - Ayr Classic MCCRod Mitchell
Specialist Motorcycle Lawyer, Brenda Mitchell, covers a range of topics including:-
Criminal v Civil Law.
Common motorcycle accident scenarios.
Fault, part-fault and non fault incidents.
Case Law.
Case studies.
Injuries and rehabilitation.
The claims process.
Valuing a claim.
The role of the Police.
Insurers.
Motorcycle Recovery and charges.
Accidents across the Border.
Accidents abroad.
Who pays?
'Cycling and Civil Law' presentation at Glasgow Caledonian UniversityRod Mitchell
• Criminal v Civil Law.
• Common cycling incidents.
• Primary causes of cycling collisions.
• What to do in the event of a collision.
• The claims process and why it is important.
• Dealing with Insurers.
• The role of Police Scotland.
• The role of Specialists.
• Witnesses.
• Case Law and how we apply it.
• Preparing a case.
• The use of CCTV and Video footage.
• Valuing injury, damage and loss.
• Rehabilitation and why it is important.
• Damaged bike assessments.
• Case study examples.
• Video footage.
• Presumed liability and Road Share update.
'Cycling and Civil Law' - Angus bike hub Rod Mitchell
This presentation covers:
• Criminal v Civil Law.
• Common cycling incidents.
• Primary causes of cycling collisions.
• What to do in the event of a collision.
• The claims process and why it is important.
• Dealing with Insurers.
• The role of Police Scotland.
• The role of Specialists.
• Witnesses.
• Case Law and how we apply it.
• Preparing a case.
• The use of CCTV and Video footage.
• Valuing injury, damage and loss.
• Rehabilitation and why it is important.
• Damaged bike assessments.
• Case study examples.
• Video footage.
• Presumed liability and Road Share update.
Scottish BMW Riders - 'We've got your back'Rod Mitchell
Brenda Mitchell, founder and Senior Partner at Motorcycle Law Scotland talks to members of the Scottish BMW Riders club about Civil Law, case law for filtering, rural roads and what to do in the event of a collision.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
4. Concept of harm
– where a person is held liable not for failure
to display the diligence of a reasonable
person, but because they are in control of a
potential source of danger to other people’s
lives, health and property.
No fault
liability
26. “Excuses”
• “Red light jumping”
• “Launched off the pavement”
• “Came from nowhere”
• “Riding too fast”
• “There was a low sun”
• Changing their story
• Refusing to provide insurance details
34. What to do at the scene of an accident
• STOP
• CONTACT the Police
• OBTAIN registration number
• PHOTOGRAPH the scene/road
surface/position of vehicles.
40. No country in the
World has achieved
both HIGH levels of
walking + cycling
and LOW casualty
levels without
presumed liability
Presumed Liability
Presumed Liability Responsibility
41. BikeRadar – reasons to be cheerful
1. You’ll get there faster.
2. Sleep more deeply
3. Look younger
4. Boost your bowels
5. Increase your brain power
6. Beat illness
7. Live longer
8. Save the planet
9. Improve your sex life
10. It’s good breeding
11. Heal your heart
12. Your boss will love you
13. Cycle away from the big C
14. Lose weight in the saddle
15. You’ll make more money
16. Avoid pollution
17. It means guilt-free snacks
18. Enjoy healthy family time
19. Get better at any sport
20. Make creative breakthroughs
21. You’re helping others
22. You can get fit without trying too hard
23. Boost your bellows
24. Burn more fat
25. You’re developing a positive addiction
26. Get (a legal) high
27. Make friends and stay healthy
28. Be happy
29. Feeling tired? Go for a ride
30. Spend quality time with your partner
The starting point is the Duty of Care. We all owe a duty of care to other road users and that is a common law duty to exercise reasonable care and not to expose others to harm by our actions. When considering a claim for compensation, you need to establish that a duty of care is owed, there has been a breach of that duty of care AND, as a result, a person has been injured. The important point is negligence. Negligence is established based upon the concept of balance of probability. Importantly, presumed liability does not do away with the concept of negligence. For a vulnerable road user to be compensated, there has to be a negligent act which resulted in the collision.
Many argue that compensation is wrong and out of control. Some even suggest we have a “compensation culture” yet as Sheriff Principal James Taylor stated in his Review Of Expenses and Funding of Civil Litigation in Scotland, “there is a different culture in Scotland“ and there is no evidence of a “compensation culture “ in Scotland.
The whole purpose behind an award of compensation is an attempt to put an injured individual back into the position they would have been in but for the accident.
One of the most remarkable achievements of Roman Jurisprudence was the development of the concept of fault or culpability. More importantly the concept of no fault liability. A person would be held liable, not for the failure to display the diligence of a reasonable person but because they are in control of a potential source of danger to other people’s lives, health and property.
Move forward a few centuries and we had the Industrial Revolution. The Concept of Harm remains. It is just and reasonable that if a person uses a dangerous machine, he should pay for the damage it occasions.”
This was a similar lamppost destruction by the Omnibus but this time a passenger on the bus was injured. However, no evidence was presented that the bus was a nuisance and the Courts found no negligence on the part of the driver. No negligence = No Liability. This is where the U-turn occurred.
So, what were our European neighbours doing at this time?
From our research, we have established that no country in the world has achieved both high levels of walking and cycling and low casualty levels without presumed liability. Can anyone at Transport Scotland seriously state that there is any evidence that Scotland will achieve the desired increase in safe active travel without presumed liability when our research proves otherwise. It is not a coincidence that the countries in Europe with presumed or strict liability have a far better culture of road share.
In our fault based system for road traffic civil liability, it is the individual who bears the burden of proof. It is the individual who must establish the fault or negligence. In so doing, it is the individual who takes on the might of the insurance industry. Claims for compensation are made against insurance companies and not drivers. Drivers must pay for compulsory third party insurance. If a driver causes a collision and another is injured, his or her insurance company will pay any third party claim.
Our present fault based system ignores the concept of harm and who brings most harm to a road traffic collision. As Lord Denning stated, “to require the individual to prove fault results in the gravest injustice”. Presumed liability is about recognising who is most able to bear the burden of proof. Is it the individual in our current fault system or should it be the large insurer in a presumed liability system?
In our fault based system for road traffic civil liability, it is the individual who bears the burden of proof. It is the individual who must establish the fault or negligence. In so doing, it is the individual who takes on the might of the insurance industry. Claims for compensation are made against insurance companies and not drivers. Drivers must pay for compulsory third party insurance. If a driver causes a collision and another is injured, his or her insurance company will pay any third party claim.
Our present fault based system ignores the concept of harm and who brings most harm to a road traffic collision. As Lord Denning stated, “to require the individual to prove fault results in the gravest injustice”. Presumed liability is about recognising who is most able to bear the burden of proof. Is it the individual in our current fault system or should it be the large insurer in a presumed liability system?
Mark Lonnen was injured when a car driver opened his door into his path. Despite the straight forward circumstances, the driver’s insurance company would not compensate Mark. An action had to be raised in court and it took 12 months for Mark to receive compensation.
Jamie Aarons was injured in a similar fashion to Mark Lonnen. On this occasion, a taxi driver opened his door into her path. He later denied liability. His insurance company maintained they had 6 witnesses that would prove that Jamie had cycled into an open door. Proceedings were raised in Court and the case settled 11 months after the incident.
These cases demonstrate that our fault based system is failing the individual and the bereaved. Cases that should be settled quickly and fairly are ending up in Court. When a case goes to Court, the losing side has to pay the Court costs. Presumed liability will result in more cases being settled without resort to expensive litigation which is what the Association of British Insurers want.
Gemma Scott. Gemma was cycling her bike in Edinburgh Park on the outskirts of Edinburgh and was approaching a roundabout when suddenly a car driver hit her from behind.
Gemma was thrown from her bike and suffered soft tissue injuries to her hip, pelvis, back and neck.
Gemma approached Cycle Law Scotland to help her recover compensation for damage to her bike and her own injuries.
The car driver’s insurer denied liability saying that Gemma had changed lanes and ridden into his path. The insurer offered to settle the case on a 50/50 basis for just over £3000, which was less than half what had been requested.
Cycle Law Scotland litigated the case. In the interim, it became clear that Gemma was still experiencing psychological issues as a result of the collision and so we appointed an expert to assess her. A course of CBT (Cognitive Behavioural Therapy) was recommended to help her overcome her fears.
Just 2 days before the court hearing, almost 2 years after the original incident, an offer of £13,500 was received and accepted by our client.
Sally Low was killed following a collision with a car. She was on her own carriageway. An independent witness confirmed she had done nothing wrong. Despite that, the car driver’s insurance company would not compensate her family and it took 18 months for her 2 teenage sons and other family members to recover much needed compensation. Sally was a single mother and therefore the sole bread winner.
Mark Lonnen was injured when a car driver opened his door into his path. Despite the straight forward circumstances, the driver’s insurance company would not compensate Mark. An action had to be raised in court and it took 12 months for Mark to receive compensation.
Alex Gibson was injured when a mini-bus overtook him. The driver did not leave sufficient room. The driver’s insurance company denied liability. Proceedings were raised in Court and it took 18 months for Alex to recover his award of compensation.
Jamie Aarons was injured in a similar fashion to Mark Lonnen. On this occasion, a taxi driver opened his door into her path. He later denied liability. His insurance company maintained they had 6 witnesses that would prove that Jamie had cycled into an open door. Proceedings were raised in Court and the case settled 11 months after the incident.
Consider the case of Lesley Jackson, a 13 year old schoolgirl who was seriously injured when she alighted a school mini-bus and attempted to cross the road but was hit by a car travelling at 50 mph. It took 10 years for the Court case to be decided by The Supreme Court after two appeals.
All these cases demonstrate that our fault based system is failing the individual and the bereaved. Cases that should be settled quickly and fairly are ending up in Court. When a case goes to Court, the losing side has to pay the Court costs. Presumed liability will result in more cases being settled without resort to expensive litigation which is what the Association of British Insurers want.
Sally Low was killed following a collision with a car. She was on her own carriageway. An independent witness confirmed she had done nothing wrong. Despite that, the car driver’s insurance company would not compensate her family and it took 18 months for her 2 teenage sons and other family members to recover much needed compensation. Sally was a single mother and therefore the sole bread winner.
Mark Lonnen was injured when a car driver opened his door into his path. Despite the straight forward circumstances, the driver’s insurance company would not compensate Mark. An action had to be raised in court and it took 12 months for Mark to receive compensation.
Alex Gibson was injured when a mini-bus overtook him. The driver did not leave sufficient room. The driver’s insurance company denied liability. Proceedings were raised in Court and it took 18 months for Alex to recover his award of compensation.
Jamie Aarons was injured in a similar fashion to Mark Lonnen. On this occasion, a taxi driver opened his door into her path. He later denied liability. His insurance company maintained they had 6 witnesses that would prove that Jamie had cycled into an open door. Proceedings were raised in Court and the case settled 11 months after the incident.
Consider the case of Lesley Jackson, a 13 year old schoolgirl who was seriously injured when she alighted a school mini-bus and attempted to cross the road but was hit by a car travelling at 50 mph. It took 10 years for the Court case to be decided by The Supreme Court after two appeals.
All these cases demonstrate that our fault based system is failing the individual and the bereaved. Cases that should be settled quickly and fairly are ending up in Court. When a case goes to Court, the losing side has to pay the Court costs. Presumed liability will result in more cases being settled without resort to expensive litigation which is what the Association of British Insurers want.
Ivar Brencevs
CLS requested an abstract report. Police Scotland in Aberdeen have not provided a full accident report as they say they only produce accident reports for collisions involving death or serious injury! Our client advised that Police attended the scene and asked him what happened. He said he struggled to communicate with them as he was concussed and very confused. He had red paint markings on his clothing as a result of the collision having been thrown across the roundabout to the far side.
Someone in a Range Rover who was travelling behind the cyclist as he crossed the roundabout phoned the Police. A medical student attended to our client before the Emergency Services arrived. Neither of these two witnesses were talked to by the Police and no statements were taken.
Our client believes his bike was left at the scene of the accident and not taken by the Police. There is no trace of this bike. The Police should have recovered it.
The client’s wife went to a local Police station in Aberdeen a few days following the accident. She asked what the process was. Client advised that the Police station she attended called the station where the officer(s) who attended the scene was stationed and an appointment was made for the following day at the client’s home address to discuss the accident circumstances. According to our client, no one turned up for this appointment and he has been left with no further knowledge of what the Police did on the day of the accident.
There is no confirmation of the driver being charged despite completely failing to give way to our client was he was established on the roundabout and colliding with him at significant speed.
Unfortunately, as Neil was proceeding on Leonard Street, a car pulled out from his nearside at a junction with Alexandra Street, Perth. The car failed to give way at the junction. He had right of way. The car driver seemed to be looking to her left and was not looking to her right for his approach. She knocked him off his bike onto the road. Because the driver was very apologetic and he did not think he was too badly injured, he did not call the police.
We called the TP but she was rude and maintained Neil was cycling on the pavement. The matter was reported to the police and within 5 weeks of the collision date, we had the police report. The case was settled within 12 months for £4,200. The delay was caused due to the client’s injuries rather than the insurers. His injuries were a suspected ankle fracture.
Insurer and Policyholder Excuses
From our research, we have established that no country in the world has achieved both high levels of walking and cycling and low casualty levels without presumed liability. Can anyone at Transport Scotland seriously state that there is any evidence that Scotland will achieve the desired increase in safe active travel without presumed liability when our research proves otherwise. It is not a coincidence that the countries in Europe with presumed or strict liability have a far better culture of road share.
George Popp and Jalnar Herring
George Popp and Jalnar Herring
Neil McDonald. Junction on the A703 - Seafield Moore Road with Bushfarm Road, Roslin