Insurer RACQ has expressed its disappointment over a suggested change to liability laws by Bicycle Queensland (BQ), saying it's “absolutely [in] the wrong direction” when it comes to solving the state's road safety problems.

BQ recommended that the presumption of guilt fall onto any driver involved in a crash with a cyclist, unless the driver could prove his innocence, RACQ spokesperson Paul Turner said. 

“Motorists shouldn’t have to prove their innocence if they’re involved in a collision with a cyclist,” Turner said. “It also makes no sense as to why BQ has come out with this view because under presumed liability any vulnerable road user is presumed innocent. Would that mean a cyclist would have to prove their innocence if involved in a collision with a pedestrian?”

Turner said the proposal would not only overturn a basic premise in the legal system which says “you’re presumed innocent until proven guilty,” it would also has implications on insurance.

“It’s also saying we should create a brand new compulsory third-party insurance system to cover cyclists and pedestrians,” he said. “RACQ sees every life as valuable and equal and every crash should be investigated on the facts, not some sort of distorted liability hierarchy.”

Turner said BQ should push for genuine road safety improvements for cyclists instead of the “divisive” idea that “distracts” stakeholders from the genuine debate on road safety.

“We want to work with other road users not be forced into unnecessary conflicts,” Turner said. “We know distracted driving is an issue facing cyclists and motorists alike – this, and the introduction of separated cycling infrastructure, is what we should be focusing on if we’re to truly make our roads safer.”