EU plan on cyclists hurt in collisions queried

EU PROPOSALS to place the bulk of the fault on a car driver involved in collision with a cyclist met with a very sceptical response from motoring organisations and insurers yesterday.

The EU plan comes as part of its Fifth Insurance Directive and would in practice guarantee compensation to

almost all cyclists hurt in collision with a motor vehicle.

But Automobile Association spokesman Conor Faughnan yesterday said that, while his organisation understood what the EU was trying to achieve, they were still very sceptical about the method proposed.

“We must always avoid discussions which end up pitting motorists against cyclists. What we need is more facilities for cyclists, more cycle lanes and paths which minimise potential contact between bike and car,” Mr Faughnan.

“In regard to the EU suggestion, we would be very wary of any proposal which would build in assumptions into the legal system because it would go against natural justice,” Mr Faughnan said. Michael Horan, non-life manager of the Irish Insurance Federation, said the EU proposal was at a very early stage and he was doubtful about how much impact it would have in the longer term. “The proposal also states that there should be no fundamental change in the law regarding this matter in each of the member States. So, I don’t see how it could have a major effect,” Mr Horan said. He accepted that it might have some impact in setting the climate in which accident disputes are being resolved.

“As things stand, any motorist in collision with a pedestrian or cyclist already has to face the fact that he or she must be driving with due care and attention and be ready to take account of pedestrians and cyclists,” Mr Horan said.

Brussels officials yesterday said the plans would not change cyclists’ obligation to obey the law at all times. But one official added that many mainland European States already recognise that a motor car is a lethal weapon and all practical protections must be extended to cyclists as a further effort to reduce the number of car journeys, especially in built-up areas.

“Any initiative which encourages people out of their cars must be seriously contemplated,” the official added.