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

Not So Fast! We Rode NYC Ferry with Would-Be Council Speaker Amanda Farías

Council Member Julie Menin claims she has the votes to be the next Speaker, but Bronx Council Member Amanda Farías has shown a lot more interest in livable streets issues.

November 28, 2025

Book Excerpt Special: Jonathan Lethem’s ‘Program’s Progress’

Class struggle. Infirm secondary superheroes. Suicidal sheep. It’s all in Jonathan Lethem's new collection of short stories, "A Different Kind of Tension." Here's one — featuring class struggle with cars!

November 28, 2025

Special Post-Thanksgiving Friday Video: The Positive Economics of Bike Lanes

Some yahoo in Montreal said that whatever bike lanes cost, they're too expensive! Well, no they're not.

November 28, 2025

Friday’s Headlines: Curbside Slide Edition

Good-bye, streeteries, we hardly knew ye. Plus other news.

November 28, 2025

Thursday’s Headlines: Giving Thanks(ish) Edition

Yes, let's give thanks. But let us also not forget why we're so lucky. Plus other news for your holiday day off.

November 27, 2025

‘Gold Standard’ Open Street Has Two Paths Forward To Become True ‘Paseo Park’

The DOT is contemplating two options for the 1.3 mile-long linear park in Jackson Heights. Which would you choose?

November 26, 2025
See all posts