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

The Children of New York City Deserve Universal Daylighting

Daylighting is a moral imperative that protects the most vulnerable New Yorkers: children.

December 10, 2025

Likely Council Speaker Julie Menin Claims She’ll Work With Mamdani On Livable Streets

Julie Menin has declared victory in the City Council Speaker race, but will she be a friend or foe to the livable streets movement?

December 10, 2025

A Car Driver Ripped Off a Woman’s Leg in Broad Daylight

A Brooklyn driver drove onto a busy sidewalk in central Williamsburg and maimed a 33-year-old pedestrian. Why can't our officials prevent this kind of predictable incident?

December 10, 2025

Wednesday’s Headlines: Dueling Rallies Edition

Astoria was ground zero in the fight for safe streets yesterday, with dueling rallies over the 31st Street bike lane. Plus other news.

December 10, 2025

Speaker Adams to Sink Daylighting Bill: Advocates

The last-minute move shatters years of grass roots advocacy.

December 9, 2025

Ex-FDNY Boss: Queens Judge ‘Wrongly’ Pit FDNY vs. DOT in Bike Lane Ruling

The former head of the FDNY slammed a Queens judge for pitting the Fire Department against the safe streets movement in a ruling that erased a bike lane.

December 9, 2025
See all posts