'Scotland has the opportunity to put an end to the grave injustice suffered by many vulnerable road users and introduce its own forward thinking system. I hope that our research offers another compelling reason for this government to embrace the good sense of what we are proposing.'

Key findings:

- • cyclist KSI levels (killed/seriously injured) have risen steadily since 2004. In 2012 the • cyclist KSI levels (killed/seriously injured) have risen steadily since 2004. In 2012 the number of KSI cyclists was 32% higher than the 2005 - 2009 average.
- • Scotland, in 2013, serious injury to cyclists was 10% higher than the 2004-2008 average • Scotland, in 2013, serious injury to cyclists was 10% higher than the 2004-2008 average and can only partly be explained by higher levels of cycling.
- • the start of 2000, Scots walked on average 220 miles per annum. In less than 14 years, • the start of 2000, Scots walked on average 220 miles per annum. In less than 14 years, people's walking has fallen to roughly 150 miles per annum. In 2000, the fatal and serious casualty rate for walkers was 12 times that for car users per mile travelled but by 2014, this ratio had risen to 19 to 1.
- • is putting in place a large investment programme to encourage walking and • is putting in place a large investment programme to encourage walking and cycling but progress in delivering this will be hampered by Scotland's current road liability laws which are socially divisive.

Derek Halden, one of the authors of the report, added:

'The law currently provides no additional legal protection for our children, or elderly and disabled people on our roads. This has no place in modern Scotland. 'The research shows that socially conscious nations have changed their laws, and by doing so have enabled more walking and cycling. Countries with both high levels of walking and cycling and low levels of casualties have some form of presumed liability legislation in place'. 'Action over the last 30 years has invested in engineering, education and enforcement measures to improve road safety but additional action is now required. Better legislation will not fix all of the current problems, but without it, further improvements in safety and encouragement for active travel will be seriously hampered.'

#### Notes to Editors:

- 1. The Road Share Campaign is proposing the introduction of a system of Presumed Liability which would mean that following a collision between a motorist and a cyclist or pedestrian, the motorist would be presumed to be liable for injury, damages or loss, unless they can demonstrate otherwise.

Presumed Liability is different from the current fault-based system as it shifts the burden of proof from the vulnerable to the powerful. Rather than the more vulnerable road user needing to prove that the less vulnerable road user was at fault, the burden of proof is shifted to the less vulnerable road user when determining compensation. On this basis, if cyclists collide with pedestrians, then liability attaches to cyclists. For the most vulnerable road users, Road Share Campaign is proposing Strict Liability, so that adults aged over 70, children aged under 14 and the disabled receive full compensation regardless of fault.

- 2. Mark Beaumont will deliver the research report to the Scottish Parliament on Wednesday 11 March 2015.
- 3. Case studies are available here