Scottish lawyer calls for a change in legislation to protect cyclists

An Edinburgh lawyer is calling for the UK to adopt a similar approach to other European countries of presumed liability of drivers when cyclists are involved in a road accident.

Amid the COVID-19 pandemic the government has been promoting cycling, not only for its health benefits during lockdown, but also as an alternative to public transport. Personal injury specialist at Thorntons, Michelle Adam, believes that UK roads aren’t set up to deal with an increase in cyclists, meaning there is a higher chance of an accident happening – and cyclists should be protected.

Michelle said: “If the government is serious about increasing the use of bikes, they need to invest in the correct infrastructure to keep cyclists safe – resurfacing roads and creating more designated cycle lanes. Without this, it’s inevitable there will be more accidents.

“At the moment in the UK when a cyclist is involved in an accident with a car or other vehicle, the cyclist needs to prove that the car driver is to blame for the accident. That can sometimes be difficult, particularly if a cyclist is very badly injured and there are no witnesses.

“Across most of Europe however, there is a different approach which is known as presumed liability. That means that a car driver will be liable if they collide with a cyclist. The only way to avoid responsibility is if the driver can prove that the crash was unforeseeable or out of their control. I believe this approach should be adopted in the UK.

“If a cyclist is involved in an accident with a car, they are much more likely to be seriously injured than the car driver. Motor vehicles are heavy pieces of equipment which are full of safety features to protect their passengers, which is not the case for someone on a bike.

“Cyclists should obviously obey the rules of the road and take care for their own safety but they ought not to have the burden of having to prove the other party is at fault. In our changed world, I believe now is the right time to change the law, raise awareness and make all road users safer.

“But for now, if the worst happens and you are knocked off your bike and suffer an injury, you might be entitled to compensation if you can prove the other party is at fault. If you have an accident, try to get names of any witnesses, details of the driver and the registration number of the vehicle involved. These will be useful evidence if you decide to pursue a personal injury claim.”

Put your old bike to good use with Brake the Cycle

We want your broken, old or unwanted bikes for our Brake the Cycle scheme!

Usually the Brake the Cycle Scheme is a recycling project which takes old and unwanted bikes that are then repaired or serviced by offenders on Community Payback Orders. The bikes are then given away for free to community organisations, youth groups and schools.

At the moment supervisors from the team have been repairing then delivering bikes to people who can use them during the lockdown. So far the team have been able to help NHS and Council workers avoid using public transport to get to work, and donated bikes to vulnerable adults and children across the city, giving them a chance to go out exercise and help as well as improving their mental health.

If you have a bike you would like to donate please email the team and someone will collect your old bike for free.

By donating your unwanted or broken bike, you can help to reduce waste (and maybe make some room in your garden shed!).

You’ll also be helping others who could be in need during the lock down as well as  promoting healthier lifestyles and environmentally-friendly travel in Edinburgh.

Heart Research UK Healthy Tip – Bike Week

Heart Research UK Healthy Heart Tip, written by Dr Helen Flaherty, Head of Health Promotion at Heart Research UK

Bike Week 6th – 14th June – https://www.cyclinguk.org/bikeweek

Get cycling this Summer

Regular physical activity will help you to maintain a healthy weight and keep your heart healthy. Cycling is a fun way to improve your overall health and wellbeing as well as enabling you to get out and explore your local area. We have some tips to get you started with cycling this summer.

If you currently don’t own a bike …

You can check whether your employer offers a Cycle to Work scheme as this can make buying a bike more affordable. Travelling around by bike may help you to make savings on travel costs.

If you don’t have access to a cycle to work scheme, you could check out the deals available from your local bike shop or look out for a cheap second hand bike. You can get advice online or at your local bike shop about which bike is most suitable for you and what extra equipment you might need.

If you are unsure whether cycling is for you, why not find out whether you can hire a bike in your local area to try it out first.

Start off small

Don’t try to do too much too soon. If you try to cycle for too long the first time you go out, you may get fatigued or injured and this may put you off continuing. Build up gradually, starting with a short cycle on fairly flat ground, building up to longer and more challenging cycles slowly. Make sure you allow yourself adequate recovery time in between cycles.

Fuel and fluid

As you build up to longer rides as you get fitter, you should always remember to take food and a drink on your bike rides. A snack, such as a banana or a cereal bar, and a bottle of water strapped to your bike frame will help to keep you going for longer.

You can find plenty more healthy tips and recipes at heartresearch.org.uk

 

480,000 Scots ‘will change their commute to bicycle’

  • 18% of commuters in Scotland are more likely to cycle to work following COVID-19 pandemic
  • Commuters are willing to spend on average 29 minutes on a bike each way
  • Dedicated cycle lanes, traffic calming and workplace facilities are crucial in changing habits
  • Polling to mark the launch of the Shand Leveret – a crossover commuter/adventuring bike.

Britain could be on the verge of a cycle-to-work craze. An ICM poll for Shand Cycles indicates that more than one in six commuters are considering ditching other modes of transport – such as cars, trains, buses – in favour of cycling to work following the COVID-19 pandemic.

In Scotland, the poll finds that 18% of commuters are more likely to cycle to work in light of the coronavirus outbreak. If that trend were mapped across the country’s 2.67 million commuters, it would lead to over 480,000 people taking to their bikes.

On average, commuters are willing to countenance a maximum 29-minute ride to their place of work. Men would pedal for 31 minutes, while female respondents capped their tolerance at 27 minutes.

Ann Ritchie-Cox, General Manager of Shand Cycles, said: “Cycling has been one of the few outdoor activities permitted during lockdown and that’s led to a lot of people rediscovering the pleasure of getting on two wheels.

“As the nation goes back to work, social distancing is going to be a huge challenge for those who previously used rush-hour public transport. So all the evidence points to a shift in behaviour towards trying out alternative modes of transport – including the bicycle.

“Commuting by bike is healthy, environmentally friendly and gives you a great sense of having achieved something before you even start your working day. It’s vital that both employers and the Government take steps to make it as safe and comfortable as possible for commuter cyclists.”

Duncan Dollimore, Head of Campaigns at Cycling UK, said: “The huge increase in people cycling during this crisis demonstrates that people will change their travel behaviour and choose to cycle if it feels safe.

“For many, that means being separated from motor traffic as the roads become busier, otherwise cycling to work won’t look like the natural choice it should be for short journeys.

“It’s about enabling people to cycle not just encouraging, which means local authorities must act immediately to install pop-up cycle lanes and temporary infrastructure that makes cycling a safe, socially distancing alternative for their commute to work.”

The uptick (Eh? – Ed.) will be most pronounced among people who are already occasional commuter cyclists.

Half (49%) of those who cycled to work roughly once a week prior to the pandemic are likely to do so more often, and a similar proportion (48%) of those who previously used bikes about once a month are set to take them to work more.

Of those who have never travelled to work by bike before, 8% are likely to take up the mode of transport following lockdown.

Recent government action to expedite spending on cycle infrastructure and instruct councils to reallocate road space to cyclists and pedestrians will be critical in persuading people on to their bikes. Of those surveyed, 28% said calmer traffic would encourage them to commute by bike, while 26% cited dedicated cycle lanes and traffic priority schemes.

Improved changing and showering facilities at work would prompt 16% of commuters to consider taking up cycling, while 13% would be encouraged by financial incentives to pay for a bike such as the Government’s Cycle to Work scheme.

The research was commissioned by Livingston-based Shand Cycles, which is part of Sanjeev Gupta’s GFG Alliance. Shand recently launched a limited edition new model, the Leveret, intended to be a cross between a commuter bike and an adventure bike. The Leveret has carbon belt drives, rather than a conventional oil chain, plus high-visibility wheels and mudguards for splash protection.

Evidence already suggests the population has taken a fancy to cycling during the lockdown, with Cycling Scotland recording more than a 100% increase in the number of cyclists on some Scottish roads during the last fortnight of March.

In its strategy for easing the lockdown, Our Plan to Rebuild, the UK Government this week urged those unable to work from home to return to their places of work – but to walk, cycle or ride instead of taking public transport.

Action Plan for Safer Walking and Cycling in Edinburgh

Council to close more streets to car traffic

An action plan has been drawn up for creating safe and accessible spaces for walking and cycling in Edinburgh during the coronavirus outbreak, and when the city emerges from the crisis.

On Thursday (14 May), members of the Policy and Sustainability Committee will consider a report setting out criteria for temporary walking and cycling infrastructure, as well as a package of short and long-term measures to establish safer routes for cyclists and pedestrians.

We have already begun implementing changes to help those making essential journeys and taking daily exercise by foot or bike to stay 2m apart, with road closures in Greenbank, Leith and Silverknowes.

Additional improvements are proposed for other ‘pinch points’ across the city, such as road closures, the introduction of bus gates and temporary cycle lanes. As restrictions are eased and traffic increases, further changes to facilitate safe movement are likely to include pedestrian priority at signalised road crossings, extended bus lane hours, widened pavements and a review of speed limits.

To provide extra space in the city centre, and as residents return to a ‘new normal’, it is also intended that key proposals from the Edinburgh City Centre Transformation plan are brought forward to prioritise pedestrians and cyclists.

In particular, Bank Street, East Market Street and East Princes Street would be closed to car traffic while on Victoria Street and Cockburn Street through traffic would be eliminated and parking provision reduced.

Council Leader Adam McVey said: “We’re leading the way with our approach to safer, more accessible streets and we’ve received a huge amount of support for our plans to create more room for pedestrians and cyclists. It’s clear that people want and need to make essential journeys and take daily exercise by foot or bike safely and we need to give them the space to do so.

“It’s no secret that we face many months of upheaval as we work to emerge from this crisis, and this will no doubt impact on the way we move around the city. As we return to a ‘new normal’, our citywide strategy will support people to make journeys by foot, bike or public transport while continuing to observe physical distancing.

“We’ve been working closely with the Scottish Government and Sustrans to make improvements such as these easier in the long term. By bringing forward more permanent plans to prioritise these modes of transport, we’re also looking to a cleaner, greener and more sustainable future for Edinburgh.”

Depute Leader Cammy Day said: “We’re already seeing the benefits in areas where we’ve implemented changes and we’re working to introduce improvements to other pinch points across the city, helping people to reach nearby open spaces, essential services and to get to and from work safely. We’ve already identified several streets but we’d also welcome any suggestions from the public.

“It’s crucial that these measures work for everyone living on or near the streets concerned. We’ve been engaging closely with local communities to make sure access is maintained for deliveries, those with mobility issues and emergency services, and these conversations will help us as we continue to roll out changes.”

David Hunter, from the Living Streets Edinburgh Group, said: “With the need for physical distancing continuing, and more people walking and cycling, it’s vital there are safe ways for people to get around. Walking should be the top option for people to get around their local community.

“Living Streets Scotland and the Living Streets Edinburgh Group welcome the council’s intent to help people walk and cycle safely. We’re especially keen to see practical measures which give adequate space to pedestrians in congested streets.”

Since the implementation of restrictions in March, it is estimated that cycling and walking has increased by 15 to 20%, while travel by car and public transport has dropped. During this time, we have seen a rise in reports of congestion on pedestrian and cycling routes, with people finding it difficult to maintain physical distancing.

As we plan for Edinburgh’s recovery, we are expecting to see a change in the way people move around the city. By facilitating a growth in walking, cycling and public transport use, we want to sustain improvements to air quality seen during recent months as well as contributing to meeting the Capital’s target to be carbon neutral by 2030.

On Thursday (14 May), councillors on the Policy and Sustainability Committee will be asked to approve the submission of an application for funding from the Scottish Government’s £10m ‘Spaces for People’ scheme supporting local authorities to deliver temporary improvements for walking and cycling.

Our own criteria for making improvements would be in line with the Spaces for People objectives and measures would seek to:

  • Make space for people to exercise.
  • Make space for people to travel safely around the city.
  • Reduce risk to people who use the carriageway for travel or exercise.
  • Make space for people in shopping streets and in the city centre.

We are currently reviewing our existing active travel programme to identify routes which could be brought forward to support these objectives. We have been working with key stakeholders and Police Scotland to highlight other streets which are not part of the programme but where changes would improve the safety of pedestrians and cyclists.

These include:

  • The closure of Waverley Bridge to traffic.
  • Temporary footway widening on Morrison Street, Morningside Road and Easter Road.
  • Temporary footway widening and cycle segregation on George IV Bridge.
  • A 24-hour bus gate with loading and parking restrictions on Liberton Road, Craigmillar Park and Minto Street.
  • The closure of road on East Fettes Avenue.
  • Installation of bus gates on Dundee St at Fountainbridge and closure of Viewforth, as well as some temporary cycle segregation on Dundee Street.
  • The introduction of a bus lane on Queensferry Road.

Measures would be subject to a detailed design and risk assessment process, which may result in an alternative approach. Officers will consult with local ward members and other public services to prioritise routes and changes for implementation.

Full details of proposals are available in the report, Creating Safe Spaces for Walking and Cycling, which can be downloaded from the Council website.

Transport Secretary Grant Shapps is expected to encourage active travel when he gives the UK Government’s coronavirus media briefing later today

Last chance to Pedal for Scotland

* Pedal for Scotland to evolve into inclusive, free, local events across Scotland from 2020 *

** With a legacy spanning twenty years, the Classic Challenge has inspired tens of thousands to get on their bikes **

After 20 years, Sunday September 8 2019 will mark the last Pedal for Scotland Classic Challenge, Big Belter and Wee Jaunt Linlithgow -Edinburgh bike rides, it was announced yesterday. Continue reading Last chance to Pedal for Scotland