Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Street Safety

Strict Liability: Civil Law for Civil Streets

Yesterday we highlighted a Bob Mionske column that eloquently lays out inherent biases common in U.S. traffic codes and proposes measures we can take to start correcting them. One of them is strict liability, which generally assigns responsibility for a collision to the operator of the vehicle likely to do the most damage (just as motorists are expected to look out for cyclists, cyclists must look out for pedestrians).

This video, via Copenhagenize, explains. Says narrator Hans Voerknecht:

We say in the Netherlands: Car drivers should be aware of the situation, that they are in the machine that could kill, and that they should behave responsibly.

As reader Mitch alluded to yesterday, strict liability as applied here is primarily a civil law concept. But its value in establishing a culture of equity on the roads, as Mionske writes, is hard to dispute.

In [a] sense, the law is helping Dutch drivers to see cyclists. "Reasonable human beings in other countries see the cyclist," [SF Bicycle Coalition's] Andy Thornley notes. "How can we help drivers here to look harder?" Through laws that send the right signals when drivers fail in their duties to others.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Thursday’s Headlines: Set Our Calendar Edition

The next four weeks are setting up to be the World Cup tournament of the livable streets movement. Plus other news.

February 19, 2026

Cycle Club Sues City, Calling Central Park Bike Speed Limit A ‘Real Threat’ To Active Transportation

The New York Cycle Club filed a lawsuit against the city alleging it overstepped with 15 mile per hour speed limit in Central Park.

February 18, 2026

Mamdani Budget Adds Staff, Cash For More Bus And Bike Projects

The mayor wants to fill a budget gap identified by fiscal watchdogs as a key roadblock to making buses faster and cycling safer.

February 18, 2026

Advocates to MTA: More Fare Caps Will Be Fairer For All

The MTA has not introduced daily or monthly OMNY fare caps, even as it phased out daily and monthly MetroCards.

February 18, 2026

Woulda, Coulda, Shoulda: Lessons for the Future of Congestion Pricing

This is how New York can take full advantage of congestion pricing.

February 18, 2026

Wednesday’s Headlines: What’s In the Couch Cushions Edition

All eyes were on Mayor Zohran Mamdani's first budget, but we were looking for the spare change for DOT. Plus other news.

February 18, 2026
See all posts