In most of Western Europe, those who drive cars and kill or injure people are liable, simply because of the responsibility involved in operating a 2000 kg machine.
It only makes sense! If you operate a gun and injure or kill someone, then you go to jail. If you operate a multi-ton vehicle, shouldn’t the crime fit the punishment?
I long for the day when such common sense thinking comes to the United States!
- The UK is only one of four Western European countries that doesnt have ‘strict liability’ to protect cyclists and pedestrians.
- Strict liability entitles a crash victim to compensation unless the driver can prove the cyclist or pedestrian was at fault.
- Strict liability encourages more careful driving (and cycling, because a cyclist would be deemed to be at fault for crashing into a pedestrian).
- Strict liability would be a matter of civil rather than criminal law so would not affect criminal prosecutions.