Originally posted by JDP
Besides, the EU law would place liability on the motorist regardless of how well he was driving. Imagine that you are driving your car down the road at the speed limit, following all traffic laws, and being the most defensive driver in history. Then, a biker jumps the curb and you plow right into him before you can react. You would be liable for all his medical bills, property damage, etc. including the property damage to your car. How is that fair?
This was not how
I read the law. It merely suggested that the motorist had to prove they weren't negligent in order to avoid a civil law suit claim. And having seen the way most drivers around here flout the road rules without even caring about the consequences, I'd say the laws of probability are that the guilty until proven innocent assumption would be correct far more often than not.