Cyclists at fault in two in five serious crashes, minister says


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“Given cyclists are at fault in a significant portion of accidents, albeit fewer than motorists, reversing the onus of proof may impact upon a court’s ability to consider the specific circumstances of a crash and apportion liability fairly,” he wrote in response to the petition.


“Issues of liability of the different parties in a crash are, therefore, likely to be best left to the legal process, without a reverse onus of proof being introduced.”


Mr Bailey said currently, the person bringing a civil case bore the onus of proving the cause of the crash.


“This reflects a long-standing principle in our legal system,” he said.


“Amending the legislation to place the presumption of liability on a motorist would reverse that onus of proof.”


Article source: http://watoday.com.au/business/markets-live/markets-live-global-mood-lifts-20170822-gy20ff.html

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