Cycling towards fairer ways to deal with traffic accidents

Civil law could change results, says Jodi Gordon

How often have you read about cases that make you fizz about our justice system?

Back in 2016, the headlines reporting that a taxi driver was fined ‘just’ £400 for causing the death of a cyclist understandably caused an immediate outcry.

Such a meagre fine and the judge’s ‘surprise’ that a case was ever brought against the taxi driver are hardly a deterrent for the next careless driver, especially when we attach so little value to a human life. It wasn’t the first such case, nor was it the last.

But in these situations, we have to take a step back. There is another perspective. This was carelessness. A human error. And do we want to lock people away for such things?

Criminal law exists to protect the public and if we look at the act of carelessness rather than the consequences of that carelessness, the cabbie is not a danger to wider society. The judge handed out a sentence that matched the ‘crime’ and according to what was in her power to give.

Civil law, on the other hand, gives us the opportunity to compensate those bereaved or injured for their loss and provide an appropriate level of justice. In this case, the cyclist’s family would have been able to recover damages in civil law as the cabbie admitted fault and by his negligent act caused a man’s death. While the question, ‘what price a life?’ can never be adequately answered, the process of civil law does provide some financial security and justice for the loved ones left behind.

Both the criminal and civil law, therefore, have extremely important and complementary roles to play, when applied in the appropriate and measured way to road traffic cases. But there can be a tension between the two. Instead of working together, there is often a disconnect and victims of road traffic collisions can also become victims of ingrained