§ Mr. LetwinTo ask the Secretary of State for the Home Department whether it is his policy that, in a motor accident between a driver and a cyclist, the driver should be presumed to be at fault. [82569]
§ Mr. Bob AinsworthThere is no legal presumption to this effect, and the Government do not intend to introduce one. Road traffic law is based on the principle that the prime consideration in deciding how to deal with road traffic offenders should be the degree of culpability. In many cases, even though an accident between a driver and a cyclist might have had tragic consequences, the driver may not have been at fault. In the police investigation of such an accident, the cyclist and driver are treated on exactly the same basis. Any decision as to charges against either party will depend on an assessment of all the evidence available.