Motorists could face European justice under new driving laws and car insurance proposals

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GB NEWS
Hemma Visavadia

By Hemma Visavadia


Published: 11/02/2025

- 14:57

Under the proposal, drivers would be presumed liable for any road accident involving pedestrians and cyclists

Britons have been warned that new plans could see them be immediately liable for any road accidents, which could lead to car insurance problems later on.

The warning comes in response to a new petition calling for the introduction of "presumed liability" in civil cases involving road traffic collisions between motorists and vulnerable road users.


The petition aims to shift the burden of proof in accidents involving cyclists and pedestrians. Under the proposed changes, drivers would be presumed liable in collisions with vulnerable road users unless they can prove otherwise.

The initiative seeks to reform how compensation claims are handled following accidents on UK roads with drivers set to face more severe consequences.

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A man cycling on the road with cars in the background

The petition calls for the UK to follow similar safety measures in place across Europe

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Campaigners argue this would help protect cyclists, pedestrians and horse riders who are often unable to secure compensation due to insufficient evidence following serious collisions.

The petition, which launched a few weeks ago has already gathered thousands of signatures so far on the UK Parliament petitions website.

The change would mean insurance companies would need to demonstrate their client was not responsible, rather than victims having to establish the motorist's liability.

However, insurers may still dispute the extent of injuries or challenge compensation amounts even after accepting liability. The system aims to compensate vulnerable road users more quickly and effectively by removing some of the burden of proof from those who have been injured.

The petition stated: "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."

This lack of evidence can prevent victims or their families from securing what they deem to be rightful compensation, even when they have suffered life-changing injuries, experts warned.

The current system places the burden of proof on those who may be least able to provide it due to their injuries or death.

The proposed system mirrors the approach already adopted across much of Europe to enhance road safety for vulnerable users.One expert highlighted how many European nations have successfully implemented presumed liability legislation in civil cases with the UK needing to follow suit.

Advocates pointed to Lord Tom Denning's statement from over 30 years ago that "any civilized system of law" should require such provisions in the current state of motor traffic.

Supporters argue this approach is the most cost-effective way to make a significant improvement to cycle safety. The change would aim to align UK civil law with European standards for handling road traffic collisions.

Campaigners suggest this legal framework has helped support the growth of cycling and improved road safety in countries where it has been implemented.

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Cyclist outside Big Ben

Cyclists and pedestrians would see liabilities for road accidents placed on drivers

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If the petition reaches 10,000 signatures it will receive an official Government response, while 100,000 signatures would see it considered for debate in Parliament. Drivers have until May 18 to respond to the petition.

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