THE families of two cyclists killed in accidents on Scotland's roads have urged MSPs to back changes to ensure drivers would have to prove they were not at fault in road accidents.
Sally Low, 44, died after she was involved in a collision with a car on a country road near her home in Moray in September, 2013.
Andrew McNicoll died after he was in collision with a lorry, driven by John Stewart, in Edinburgh in January, 2012.
The McNicoll family are pursuing a civil action after Mr Stewart was cleared in March at Edinburgh Sheriff Court of causing the death by driving with undue care and attention
Now the families of Mrs Low and Mr McNicoll have spoken publicly as they back a campaign, launched this year.
Mrs Low's sister, Frances Darling, said: "Our family has been forced into the litigation process in an attempt to speed up the compensation claim because the Scottish justice system has failed to put our family, in particular my two nephews, at the centre of what they do.
"I am strongly of the mind that this is an unacceptable position in today's society."
Mr McNicoll's stepmother, Lynne McNicoll, said: "How, in a just and civil society, can we still defend a legal system that puts bereaved families through so many months of uncertainty and turmoil? We have to find a way to stop the months of anguished waiting for families in these traumatic circumstances."
The campaign is pushing for the introduction of presumed liability. This would create a hierarchy of responsibility which would leave motorists liable for any loss, injury or damage caused to a cyclist involved in a collision.
Cyclists would be presumed liable when in collision with a pedestrian.
Brenda Mitchell, founder of Cycle Law Scotland, and Donald Urquhart, CTC Scotland secretary, feel the bereaved are often denied swift access to justice and are prevailed upon to demonstrate driver negligence in order to secure compensation. Ms Mitchell said: "Being unable to pursue a claim for compensation until after a criminal prosecution is completed can cause extreme distress and severe financial hardship."
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