Presumed Liability

Change civil law in the IoM to introduce a system of presumed liability so that vulnerable road users who are involved in road traffic incidents are compensated fairly and quickly. 

 

Presumed liability establishes a hierarchical structure to identify responsibility in the event of a road traffic accident, bringing certainty to the legal process. 



 

 

Why the contribution is important

In the long term this would enable the cultural change we want to see. Presumed liability in civil law is the proper approach for a mature, socially conscious nation as it addresses the unacceptable human cost of the current system.


The UK & IoM is one of only five countries in Europe that does not operate a strict liability regime for road users.

Under presumed liability, injured vulnerable road users are properly and promptly cared for and not forced to fight for compensation.

 

 

Presumed liability can help build a culture of mutual respect between road users and ensures the most vulnerable road users are protected – cyclists from motorists and pedestrians from cyclists.


Presumed liability will facilitate the development of a road hierarchy based on mutual respect between motorists, cyclists and pedestrians.

 

Strict liability already exists in the IoM: when a vehicle hits another from behind the driver of the vehicle from behind is presumed liable unless they can prove otherwise. 

 

by RobH on April 30, 2018 at 10:01AM

Current Rating

5.0
Average score : 5.0
Based on : 4 votes

Comments

  • Posted by Becksy April 30, 2018 at 17:19

    Presumed Liability provides an incentive to exercise more care and encourages safer behaviour on roads. It’s important that the more vulnerable road users feel safe and protected. This is demonstrated by a strong link between PL and higher levels of walking and cycling.
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