Here is the text of a letter sent to Scot Gov Ministers, Edinburgh based MPs, MSPs and CoE Council Leaders. Feel free to use and send to you own MP, MSP, Councillor to raise awareness, encourage debate and hopefully generate some action.
You may well be aware that last month the family of the fatally injured cyclist, Zhi Min Soh, finally received financial compensation from the motor insurers of Rabbie's Tours, over three years after she had been run over and killed by the driver of one of their tour minibuses on Princes Street in Edinburgh. She was a 23 year old medical student and had her whole life ahead of her.
This process took such a long time because the motor insurers denied that the driver was liable for the incident and so Zhi Min's family had to fight for compensation through the Scottish Civil courts, ultimately successfully. Unfortunately, this scenario is all too common both in Scotland and the rest of the UK.
This is why the Road Share campaign was established back in 2013. We feel that what Zhi Min's family were put through represents the unacceptable face of Scottish justice and so we are campaigning for a change in Civil Law in Scotland for compensation claims. Following a collision with a vulnerable road user (pedestrian, cyclist, horse rider), drivers would be presumed liable for any damage and injury caused, unless it can be demonstrated otherwise. Presumed liability simply shifts the burden of proof to the driver (or rather the vehicle’s insurer) and so makes the civil law process of compensation more equitable. It is high time that the law in Scotland was modernised to ensure that injured vulnerable road users, and in the case of fatal collisions, their grieving relatives, are supported rather than obstructed. Too often, the injured and bereaved have to fight for justice in a ‘David v Goliath’ battle where an individual is forced to take on the might of large motor insurers. We believe this is morally wrong.
This change in policy to presumed liability was debated in the Scottish Parliament in Oct 2013 and then separately at an SNP conference in Nov 2014. However, there have been a number of recent developments which are important and which we would like to bring to your attention.
The proposed changes to the Highway Code announced last week to improve safety for vulnerable road users are long overdue but will have limited effect without supportive legislation. The changes involve creating a hierarchy of road users to ensure that those who can do the greatest harm have the greatest responsibility to reduce the danger they pose; clarification on pedestrian priority on pavements and advising that drivers and riders should give way to pedestrians crossing or waiting to cross the road; guidance on cyclist priority at junctions; and establishing safe passing distances when overtaking cyclists and horse riders. The creation of a hierarchy with pedestrians at the top is a positive step forward, but such tinkering with the Highway Code is a wasted opportunity unless there is appropriate legislation sitting alongside.
Why is it that we are so hesitant to follow our European neighbours in protecting our most vulnerable road users; pedestrians and cyclists? We will never increase safe active travel until the Scottish Government is brave enough to leave Westminster in its path and wake up to the reality of its own road casualty statistics. The provisional figures for 2019 road traffic casualties in Scotland, released at the end of July, show that while overall number of casualties (7,594) was down by 10%, fatal incidents increased by seven to 168 and the number of serious injuries by over 400 to 2,001.
Another development has seen strict liability introduced for some categories of vehicle. The Automated and Electric Vehicles Act (2018) applies strict liability to the use of automated motor vehicles. Extending this principle to ALL motor vehicles when a vulnerable road user is injured is both fair and equitable.
As always, we would be delighted to answer any questions you may have. Further information is also available on our website roadshare.co.uk where you will also find a link to our petition which has nearly 12,000 signatures.
As you look to develop a manifesto for the 2021 elections, we would ask that you work with your colleagues to include a proposal to introduce presumed liability and resolve this damaging anomaly. There is no country in Europe with high levels of safe active travel which does not have some sort of legislation along with a raft of other measures to protect the most vulnerable.
Kind regards,
ROAD SHARE CAMPAIGN