this post was submitted on 26 Nov 2024
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Fuck Cars
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This 'take' is close to the law in NL. The shift in responsibility is there to even out the differences in safety mechanisms. The law acknowledges this disparity and seeks to provide additional protection to vulnerable road users. This rule encourages car drivers to exercise extra caution, knowing that they will likely bear legal responsibility in the event of an accident.
It's important to note that the rule imposes strict liability, which means that the motorist is presumed responsible for damages unless evidence strongly indicates otherwise. If the cyclist is partially at fault (e.g., running a red light), liability might be shared, but the motorist is rarely absolved entirely.