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January 25, 2004

Comments

Jurjen

Hm, sounds like the EU regs in question have been copied from Article 185 of the Dutch traffic code, which was introduced about 11 years ago. Under this law, a motorist who is involved in an accident with a "weaker participant in traffic" is by default held liable for at least 50% of damages (including medical bills) incurred by the cyclist or pedestrian, even if that is to blame for the accident. This percentage may be reduced, but only if the motorist can prove force majeure (i.e. that he is not to blame, and could not possibly have anticipated the accident), but this is far from easy.

At the time, Dutch motorists reacted in exactly the same way as the British ones are now. They were mollified, however, by a decision by the association of Dutch insurers to add a "no blame" clause to the contracts. This meant that if a motorist was liable, but not to blame, for an accident, he would not lose his no-claims bonus.

And to the best of my recollection, the law did lead to the desired effect, which was a reduction in traffic fatalities.

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