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

Delivery App Regulation Should Learn from Commercial Carting Reform

Third party delivery apps say they have no ability to police the very system they created — while the city's patchwork regulation isn't addressing the root of the problem.

November 17, 2025

Monday’s Headlines: Permanent Paseo Edition

We journeyed to Jackson Heights to celebrate a milestone in the life of the 34th Avenue open street. Plus other news.

November 17, 2025

‘The Brake’ Podcast: Is a ‘Life After Cars’ Really Possible?

"This book is an invitation to imagine a better world in which people are put before cars," says co-author Sarah Goodyear.

November 17, 2025

World Day of Remembrance: ‘My Brother Did Not Die in Vain’

A drunk driver killed Kevin Cruickshank while he was biking in New York City. The movement for safer streets showed me that my brother did not die in vain.

November 16, 2025

World Day of Remembrance: The Fight to ‘Stop Super Speeders’ Has Gone National

The bills would require the worst of the worst drivers to at least adhere to the speed limit, which is not too much to ask.

November 16, 2025

Council Members Put Everything But Riders First at ‘Bus Oversight’ Hearing

The Council spent its last bus oversight hearing of its term asking the MTA and city to pull back on bus lane enforcement.

November 14, 2025
See all posts