Campaigners are calling for motorists to always be “presumed liable” after collisions with cyclists in a major new rules overhaul.
A new Parliament petition has called for the changes to “shift the burden of proof” and allow more vulnerable road users to claim compensation.
However, it could see motorists be hit with fines, penalty points or worse for causing an accident even if they were not at fault.
Campaigners say that road users would need to “prove” they were innocent to avoid being penalised.
The petition has so far received thousands of signatures with the poll still running until the middle of May.
The petition reads: “Introduce presumed liability for civil cases relating to certain road collisions, to shift the burden of proof.
“It would mean when vulnerable road users, e.g. cyclists & pedestrians, claim against a more powerful road user (a driver), the driver would be presumed liable unless they prove otherwise.
“We think this would compensate vulnerable road users, such as cyclists and pedestrians, more quickly and effectively.
“Pedestrians, cyclists and horse riders are often unable to obtain compensation because of a lack of adequate evidence.
“If a vulnerable road user is killed they are not there to give evidence; if they are seriously injured it may be impossible for them to give complete or satisfactory evidence of the circumstances in which they were injured.”
A total of 10,000 signatures are needed for the issue to receive an official Government response.
However, 100,000 are required for the new rule to be considered for debate by MPs in Parliament.
Experts at Nash&Co Solicitors have previously admitted that “different considerations apply” to accidents involving cars and cyclists.
They say the law already recognises that cars are likely to do more damage to the cyclist.
They explained: “It would be an unusual case where a cyclist caused a motorist personal injury. (Unless the motorist collided with another object or vehicle.)
“Therefore, the Law has developed the theory of “causative potency”; what this means is that often the motorist will suffer a greater share of the responsibility for causing the accident than the cyclist even though each party may have been equally blameworthy.”
