The family of a Moray woman killed in an accident are backing a campaign to bring in tougher laws to protect cyclists on the roads.
Cycle Law Scotland and the CTC Scotland cycling charity want the Scottish Government to introduce presumed liability laws, which would mean a driver involved in a fatal collision with a cyclist or pedestrian would have to pay compensation unless they can prove they were not at fault.
The Road Share campaign aims to speed up the civil legal system, allowing grieving families to claim compensation and secure some financial security.
Yesterday Brenda Mitchell, founder of Cycle Law Scotland, renewed calls for changes to the existing system to support families who had been killed in road traffic collisions.
And she was echoed by the family of 44-year-old Sally Low, who died last September after her bike collided with a car on Speyside, near the Macallan distillery.
Relatives of the single mother-of-town, from Archiestown, has now launched civil proceedings against the car driver, but must wait until the end of any criminal investigations.
Her sister, Frances Darling, said: “Our family has, in effect, been forced into the litigation process in an attempt to speed up the compensation claim because the Scottish justice system has failed to put our family, in particular my two nephews, at the centre of what they do. I am strongly of the mind that this is an unacceptable position in today’s society.”
Ms Mitchell said: “Being unable to pursue a claim for compensation until after a criminal prosecution is completed can cause extreme distress and severe financial hardship.
“In addition, the families of the bereaved are further disadvantaged at the start of the civil case as the driver’s legal team will have had access to all reports prepared for the criminal trial.
“Often civil cases are commenced more than two years after the fatal collision by which time witness recollection has faded, which places the families of the bereaved seriously disadvantaged.”
Donald Urquhart, secretary of CTC Scotland, who is also chairman the Scottish Roads Justice Committee, added: “We must look at a fast-track process for such cases and make it possible for families to pursue claims for compensation in tandem with any possible criminal case.”