Accident liability

Chris Malcolm wrote:

No, if anything it was the insurance lobby that called the tune
there. It demonstrates again, the propensity for self-serving MPs,
to be influenced by the interpretation of public opinion as
portrayed in the non-quality press. It happens prolifically
/against/ the preferences and wishes of motorists too.

They passed such legislation in the Netherlands, despite similar
protestations. Not only did the predicted glut of wilful claims not
materialise, but there was a considerable reduction in the rate of
bike/car accidents.

Any lawyers in the house?

The uk operates under common law and negligence/liability are determined by
reference to long standing legal precedent.
A basic negligence claim consists of proof of

1.. a duty owed,
2.. a breach of that duty,
3.. an injury, and
4.. that the breach caused the plaintiff's injury
To define one person "responsible" & "liable" simple because they belong to
a particular category would seem to run counter to that legal principle

"Strict liability" applies to product liability, whereby negligence need not
be show, only that the product was defective ie the manufacture was still in
the wrong. But case law is apparently still murky in this area.

Another area of "Strictly Liability" is the escape of noxious substances.
You have it. It escapes. You are liable even if not negligent, as you are at
fault for letting it escape.

I can't see how making a motorist "Strictly Liable" in the absence of any
evidence of fault, would sit comfortably in our legal system.

The various continental counties that have adopted the "motorist is liable"
rule operate under Codified legal systems eg The Code Napoleon in France

But, I'm not a lawyer. Would anyone who is care to comment?

pk



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