Read The Times Australia

Daily Bulletin

Cars overwhelmingly cause bike collisions, and the law should reflect that

  • Written by: Soufiane Boufous, Senior Research Fellow, Road Safety and Injury Prevention, UNSW

On a Thursday morning in June 1817, the prolific inventor Karl Drais took his Laufmaschine (running machine) for a 13km spin along the banks of the Rhine.

The voyage on the wooden bike, not dissimilar to a modern toddler’s balance bike, lasted just under an hour. The early bicycle sparked an immediate craze, and later versions became a symbol of freedom for workers and women.

Two hundred years after their invention, bicycles are widely recognised as an effective tool to combat physical and mental health problems, reduce congestion on urban roads and improve the quality of the environment.

However, cycling participation across Australia is stagnating. This is mainly because of concerns about safety. A report released last week by the Royal Automobile Association of South Australia found that in the vast majority of crashes the cyclist was not at fault.

To keep our cyclists safe, it may be time to adopt the approach of many European nations by introducing legislation that, in civil cases, presumes that car drivers caused a collision unless there is evidence to the contrary.

Shifting the burden of proof to drivers – who must prove they didn’t cause a crash – has been highly successful in other nations, along with other measures, in keeping cyclists safer and reducing accidents.

image Karl Von Drais and his Laufmaschine. © TECHNOSEUM

Cars generally cause collisions

Despite a significant reduction in road deaths in Australia over the past few decades, recent data point to a steady increase in serious injuries among vulnerable road users, including cyclists.

Australia needs serious action if we want to reverse this trend. Last week’s report from the RAA confirms other research in this area, such as a 2013 University of Adelaide study that examined police crash records and found drivers caused four in every five crashes between cars and bicycles.

These results are similar to a Monash University study in which researchers examined camera footage of similar incidents. They found that drivers were responsible for the actions preceding the incident in 87% of cases.

The previous studies show that most of these crashes occur at intersections, and generally involve a cyclist travelling in a straight line on a single carriageway at the time of the collision with the motor vehicle.

The presumption of liability

Previous road safety lessons, like the successful seatbelt campaign, tell us education and infrastructure only work in combination with strong regulations. However, legislation in the area of cycling safety is inadequate and puts an unfair burden on cyclists.

Under current laws, if a car collides with a bicycle or a pedestrian on Australian roads, they must make a case against the motorist to claim on the motorist’s insurance. If the insurance company contests the claim, the injured cyclist or pedestrian has to take the case to a civil court.

Surely the burden of proof should shift onto the more powerful road user, especially given that the research suggests they are more likely to be the one at fault.

To do so, we need a presumed liability law that protects vulnerable road users. Similar laws have been introduced in Canada and in many European countries, including the Netherlands, Germany, Denmark and France. Under these laws, sometimes also referred to as “reverse onus” or “strict liability” laws, drivers must prove that a collision with a cyclist or a pedestrian was not their fault.

These laws affect civil cases only and do not remove the presumption of innocence. In criminal law, drivers in collisions with vulnerable road users remain innocent until proven guilty. It’s also not about always blaming motorists; for example, if a cyclist ran a red light and caused a collision, they would obviously be at fault and would not receive compensation.

An Australian version of these laws would mean that cyclists were more likely to be fairly compensated in the event of a crash. More importantly, such laws would encourage motorists to take extra care when driving alongside vulnerable road users. In many European nations presumed liability, which was originally introduced to reduce traffic crashes, is widely believed to be a key component of encouraging safer cycling.

A presumed liability law would encourage the full range of health, environmental and social benefits of cycling, and keep the spirit of Drais’s original Laufmaschine alive.

However, the law alone is not sufficient. Better cycling infrastructure, reduced speed limits in residential areas, and improved education for drivers and cyclists are all needed to keep our roads safe for everyone.

Authors: Soufiane Boufous, Senior Research Fellow, Road Safety and Injury Prevention, UNSW

Read more http://theconversation.com/cars-overwhelmingly-cause-bike-collisions-and-the-law-should-reflect-that-78922

Business News

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

What Healthcare Teams Look for When Choosing Specialist Surgical Supplies

In clinical environments, small details rarely stay small. A delayed instrument, a poorly matched device or inconsistent supply quality can affect theatre flow, staff confidence and patient outcomes. ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...