MyWHaT

As Iowa begins legislative process to protect cyclists and Michigan does the same nothing, it’s helpful to consider the widely used European model of “Strict Liability”

In Netherlands, the driver of a moving motor vehicle is always liable in a crash with bicyclists, and I assume, pedestrians. The argument is that drivers simply need to cut their speeds when in situations where there are bicyclists. In this short video explanation, Hans Voerknecht explains why it makes sense, basically coming down to the fact that “car drivers should be aware that they are in a machine that could kill.” (video via www.IPayRoadTax.com )

In the past few years there have been several cases in Northern Michigan where it could be argued there was inadequate laws in place to protect pedestrians and bicyclists in crashes. Perhaps a ‘strict laibility’ law would clean up all the loop-holes?

Fred Schaafsma, who is the Local Cherry Capital Cycling Club safety and education director and who was born in the Netherlands, says it is just the way it is there. “It isn’t so much liability, as responsibility,” he said. “It’s the responsibility of drivers because the impact of their actions is much greater than the impact of cyclists. We are way behind in Michigan in our (bike/ped) laws.”

In fact, Michigan has a similar law in place for snowmobile users riding on a roadway. They have access to the road, but if there is an accident, regardless of the circumstances, it’s their fault. In fact, the suspicion is that if Michigan were ever to adopt a ‘strict liability’ concept, it more than likely would be reversed and blame would be placed on the bicyclists. Why? As explained to me, the law was determined by looking at the number of users. Since bikes are not the primary use of the roads, they’d more than likely get the shaft. Well, they could try.

Do drivers of motorized vehicles have extra responsibilities?

___

If you see something you like, please subscribe to this BLOG’s feed and also pass this link on to a friend.

(NOTE: This was accidentally posted & taken down last week. Sorry for the repeat. Still worth a second look…)

When I close my eyes and dream of Northern Michigan in 20-30 years–this is what I see. Not just trails, but a mixture of uses all thrown together. You have cars (mostly small), you have bike riders (hardly anyone in lycra or a helmet) and in particular, people walking about.

Going where they want to go, how they want to go.

via amsterdamized

What do you see when you close your eyes and dream of 20-30 years from now?

___

If you see something you like, please subscribe to this BLOG’s feed and also pass this link on to a friend.