Hypothetical law change? Lorry on bike: lorry's fault. Bike on ped: bike's fault

It's not automatically blaming the driver.

If a pedestrian has been negligent and the motorist has been very careful, the partial liability may be low (e.g. motorist 20%, pedestrian 80%).

However, driving within the speed limit on a residential road in Germany is no excuse if the tonne of metal flattens a child.

A pedestrian can be seriously injured due to a minor oversight, like not noticing an approaching car.

Should a pedestrian crash into a pedestrian (or bicycle) instead, major injuries would be extremely unlikely.

It is time that British motor insurances paid out on this intrinsic risk of motoring.

**For example, in the case of a cyclist who entered the opposite lane and crashed into an oncoming car, the court of Neuburg an der Donau refused the motorist’s demand for 100% damages and established a 3/4 liability to the cyclist and 1/4 to the motorist.

The cyclist in this case has to pay 75% of the TOTAL damages and the motorist 25%. **

‘TOTAL’ is important here, as damage to the car could be a few scratches and to the cyclist lifelong disability.

http://www.camcycle.org.uk/newsletters/87/article9.html

When The Daily Mail carried that load of old bum gravy from Petronella Wyatt they had to add on a clarification:

*Petronella Wyatt claims there is a proposal to make motorists responsible for all accidents involving cyclists, regardless of who is actually in the wrong.

This is factually inaccurate and creates animosity towards cyclists.* *

The proposed Strict Liability legislation will always allow a driver the chance to prove a cyclist's guilt. * *

Equally a cyclist who hits a pedestrian would be presumed guilty but will have the chance to prove otherwise.*

Read more: http://www.dailymail.co.uk/femail/article-1250746/Beware-rogue-bicycles--Petronella-Wyatt-attacks-cult-cycling-frail-mother-knocked-down.html#ixzz0ivES9vR3

I put a section in bold, so if a cyclist breaks the highway code and has a collision as the innocent party is still expected to suffer a loss?

also how does the cyclist pay?