New data released by the NYPD shows over 6,000 criminal summonses issued to cyclists in the second quarter of 2025. That number increased tenfold compared to the first quarter. That number is also greater than the total number of criminal summonses issued to cyclists in the past seven years.
But they’re not claiming the car driver is always at fault, only the presumption of fault. Clearly demonstrating the other person ran a red light has a good chance of changing the judgement
The comment about Japan said there’s a presumption. The comment about the Netherlands suggests it’s always the car driver’s fault (I think this may be technically incorrect).
It is complicated. It is not technically always, but in practice is may very well be. As this page (in Dutch) notes that, unless the driver can show that ‘overmacht’ applies (they couldn’t have performed any action that would have avoided or reduced bodily harm), they are (at least in part) responsible for damages. For example, not engaging the brakes as soon as it is clear that you would hit them, would still result in them being (partially) liable for costs, even if the cyclist made an error themselves (crossing a red light).
Because the burden of proof is on the driver, it may be hard to prove that this is the case, resulting in their insurance having to pay up even if they did not do anything wrong.
But they’re not claiming the car driver is always at fault, only the presumption of fault. Clearly demonstrating the other person ran a red light has a good chance of changing the judgement
The comment about Japan said there’s a presumption. The comment about the Netherlands suggests it’s always the car driver’s fault (I think this may be technically incorrect).
It is complicated. It is not technically always, but in practice is may very well be. As this page (in Dutch) notes that, unless the driver can show that ‘overmacht’ applies (they couldn’t have performed any action that would have avoided or reduced bodily harm), they are (at least in part) responsible for damages. For example, not engaging the brakes as soon as it is clear that you would hit them, would still result in them being (partially) liable for costs, even if the cyclist made an error themselves (crossing a red light).
Because the burden of proof is on the driver, it may be hard to prove that this is the case, resulting in their insurance having to pay up even if they did not do anything wrong.
Thanks for the clarification. That’s probably reasonable, especially if it only determines whose insurance has to pay, not some additional penalty.