After spending plenty of time on the road—and in the courtroom—I’ve thought a lot about the complex relationship between cyclists and motorists.
It’s great to see more people choosing cycling as their preferred way to get around. But the risks involved in sharing the road are hard to ignore. While vehicle collisions are relatively rare, the potential for serious harm when a motorist is careless is something every cyclist is aware of.
One question that often comes up in conversations is whether Australia should adopt strict liability laws. Advocates believe these laws could make drivers more cautious and create safer roads for everyone. But before jumping to conclusions, we need to unpack what strict liability really means—and how it could work in practice.
What is Strict Liability?
Strict liability is one of those legal concepts that gets thrown around but is often misunderstood. At its core, it means automatic responsibility—there’s no need to prove fault.
If strict liability laws were applied to cyclist-motorist accidents, the driver would always be liable, no matter the circumstances. Imagine a cyclist deliberately colliding with a car and still being able to claim compensation without any questions asked. Most of us can agree that such a system wouldn’t seem fair.
But that’s not what most cyclists are asking for when they call for stricter rules. What they’re actually advocating for is a presumption of fault. In this system, the motorist would initially be assumed at fault unless they could prove otherwise. It shifts the burden of proof from the cyclist to the driver.What Is the Law in Queensland?
Queensland operates under a ‘fault’-based system. Cyclists injured in accidents must prove that the motorist was negligent in order to claim compensation. The burden of proof lies with the cyclist, even though they’re the more vulnerable road user.
Supporters of strict liability argue that this is inherently unfair, as cyclists are the ones facing greater risks. However, Queensland courts are not blind to this imbalance. Judges often acknowledge the disproportionate harm motorists can cause, making it easier for cyclists to establish negligence in clear-cut cases.
When fault is shared, the court determines how much each party is responsible. For example, if a motorist and cyclist are equally at fault, the cyclist would recover 50% of their losses.
One advantage of Queensland’s system is that it’s backed by Compulsory Third Party (CTP) insurance. This ensures that injured parties can claim compensation for harm caused by others. However, individuals cannot claim for their own mistakes which helps maintain the sustainability of the system.
Civil vs. Criminal Liability
Strict liability is usually discussed in the context of civil law where the focus is on financial compensation rather than criminal guilt.
Applying strict liability to criminal cases would be much harder to justify. It would conflict with the fundamental principle of criminal law: innocent until proven guilty.
While minor regulatory offences might use strict liability, making it a criminal offence for a motorist to be involved in an accident with a cyclist—regardless of fault—would likely undermine this principle.
In the civil context, strict liability is more about insurance claims. Even in countries with such laws, insurers still have the right to argue fault. So while the burden of proof might shift, disputes over responsibility don’t go away entirely.Do Other Countries Use Strict Liability?
Many European countries, like the Netherlands, operate under systems that resemble strict liability. These typically involve a shifted burden of proof, where motorists are presumed at fault unless they can prove otherwise.
Closer to home, Victoria has a limited no-fault system for cyclists. While this might sound appealing, it comes with significant trade-offs. Cyclists face restrictions on the types of injuries they can claim for and there are caps on compensation amounts. This limits their ability to recover their full losses.
Which System Works Best?
The Queensland system isn’t perfect but it strikes a balance between fairness and accountability. Cyclists must prove fault but the courts recognise their vulnerability and the disproportionate risk they face.
Strict liability might sound like a simple solution. However, in practice, it may not achieve the desired safety improvements. Insurance already absorbs much of the financial burden, reducing the deterrent effect strict liability laws might have on motorists.
Instead of focusing solely on legal frameworks, we should consider other measures, like better infrastructure, public awareness campaigns and education, to improve road safety for cyclists.Final Thoughts
Strict liability laws are often seen as a potential fix for cyclist-motorist tensions but they come with limitations. While Queensland’s current system requires cyclists to prove negligence, it also provides fair compensation for genuine losses.
If you’ve been involved in a cycling accident, Cycle Law is here to help. Our team understands the challenges cyclists face and can guide you through the process of seeking compensation.
Contact us today to learn how we can protect your rights and help you get back on the road with confidence.Frequently Asked Questions
What should I do if I’m involved in a cycling accident with a vehicle?
If you’re involved in a collision with a motor vehicle, prioritise your safety and seek medical attention immediately. Collect evidence, such as photos of the scene and the motorist’s details. Cyclists injured in vehicle collisions may be eligible for compensation.
Are pedestrians ever at fault in cycling accidents?
Fault in collisions involving pedestrians depends on the specific circumstances. While cyclists may have the right of way in certain situations, liability can sometimes be shared. Cyclists injured in pedestrian collisions should seek professional advice to determine fault and pursue fair compensation.
What is strict liability and does it apply in Queensland?
Strict liability would place the burden of proof on motorists, making them responsible for accidents unless they can prove otherwise. Queensland, however, follows a fault-based system where cyclists must establish the motorist’s negligence. For detailed insights on road regulations, explore resources on road rules for cyclists and understand the role of bicycle lanes and safe passing distances.
How far can motorists drive in a bicycle lane?
Under Queensland law, motorists can only enter a bicycle lane for specific purposes, such as turning. However, this must be done safely and without endangering cyclists. To learn more about these regulations, check out guidance on driving in a bicycle lane and maintaining safe distances.
What are bicycle boxes, and how do they improve safety?
Bicycle boxes are designated areas at intersections that allow cyclists to position themselves ahead of vehicles at traffic lights. These boxes improve visibility and reduce the likelihood of collisions. They’re an important tool in fostering safer interactions between cyclists and motorists.
What if my bike or gear is damaged in an accident?
Cyclists can seek compensation for property damage through specific claims processes. Whether it’s your bike, helmet or other equipment, understanding your rights in property damage claims can help you recover costs.
What if my accident happens in a public space?
If you’re injured in a public area due to unsafe conditions, you may be able to lodge a public liability claim. This ensures accountability for maintaining safe spaces for cyclists and pedestrians alike.
How should cyclists handle whiplash or other soft tissue injuries?
Cycling accidents often result in injuries like whiplash which can require months of recovery. It’s essential to address symptoms promptly through proper care and treatment.
What legal options are available after a near miss?
Near misses, while not physically injurious, can leave emotional scars and highlight potential road safety issues. Addressing these incidents is important for long-term mental and physical well-being.
What steps should I take if I’m involved in an accident?
After ensuring your safety, gather evidence, report the incident to authorities and seek professional advice. Expert legal support can help you understand your options, whether for vehicle collisions, public liability claims or cycling accident claims.Author

Emily Billiau | Principal
Phone | (07) 3014 6590
Email | [email protected]
Emily is a Principal at McInnes Wilson Lawyers in the Personal Services and Injury team, further managing the CycleLaw division. With a keen interest in cycling-related issues and claims, she has extensive experience in insurance litigation & dispute resolution for cyclists, and is a passionate advocate for cycling clients - whether they be leisure or social riders, professional cyclists or commuters.

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