Cycling collisions, compensation and Civil Law - your rights and responsibilities
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The document discusses cycling collisions, emphasizing the rights and responsibilities of cyclists under civil law within the context of negligence and proving fault. It highlights common incidents such as dooring, junctions, and road defects, while also detailing challenges faced by cyclists including excuses made by insurers. Additionally, it outlines protocols for liability, damage assessment, and the importance of early rehabilitation, alongside advocating for safer cycling practices in Scotland.
Cycling collisions, compensation and Civil Law - your rights and responsibilities
- 1. “Cycling collisions and Civil Law – your rights and responsibilities” 16th February 2020
- 3. Highway Code
- 4. Criminal Law ‘Innocent until proven guilty’
- 6. Prove fault
- 7. 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.”
- 9. Dougie Hay Fault based system - Dooring
- 11. Fault based system – Roundabouts and Junctions
- 12. Cycle Paths – A Cautionary Tale
- 13. Fault based system - Dooring
- 14. Close Pass
- 15. Motor Insurers’ Bureau Kieran Power
- 16. Road Hazards
- 17. Road Defects
- 18. Road Defects
- 19. Are temporary repairs satisfactory?
- 20. Clyde Tunnel and Erskine Bridge
- 22. Witness evidence
- 24. “Insurers’ Excuses” ü“The cyclist came out of nowhere.” ü“The cyclists pulled off the pavement in front of me.” ü“The cyclist was riding too fast.” ü“There was a low sun.” ü“The cyclist fell off due to the wind or a pothole.” ü“The cyclist went through a red light.” ü“The cyclist was not wearing a helmet.”
- 25. Protocol • Liability – 12wks • Quantum
- 26. Restitutio in integrum “Restoration of an injured party to the situation which would have prevailed had no injury been sustained.”
- 28. Damaged Bike Assessment Network of 150+ bike shops across Scotland
- 29. Interim payments
- 30. Injury
- 32. Rehabilitation ØInitial needs assessment ØPhysiotherapy/Counselling ØCase management Code of best practice.
- 33. Glenn Johnstone
- 34. Access to early rehab is important
- 35. Quantification of Damages ü Wage loss ü Pension loss ü Adaptation ü Needs and equipment ü Care costs ü Housing
- 36. End Result - Settlement
- 37. End Result – Court action
- 38. Everyone is an individual
- 39. What if it happens to you?
- 40. What if it happens to you?
- 41. What if it happens to you?
- 42. What if it happens to you? üPolice Incident Information form. üPhotos from the scene. ü3rd Party Reg No.
- 43. Collision Card
- 45. Campaigning for safer cycling in Scotland Campaign for Presumed Liability
- 46. I ride too! campaign I RIDE TOO!Scotland CYCLE LAW™ #Iridetoo
- 48. Making a positive difference Q and A?