Official review into merits of ‘Freddie’s Law’

Thursday 04 March 2021

The mother of a 14-year-old boy who was knocked off his bicycle by a van which failed to stop, has welcomed a review that will look at introducing a ‘Freddie’s Law’ in Jersey.

Joanna Dentskevich’s son, Freddie, was badly injured last March when he was hit by a van at a junction in St Martin.

Despite Freddie’s head cracking the windscreen, the driver carried on, only returning 20 minutes later to look at the scene of the accident from a distance.

However, a subsequent investigation didn't lead to any prosecution, due to a lack of evidence. It prompted Mrs Dentskevich to campaign for a law change to establish a European-style ‘hierarchy of responsibility’ for road users.

In essence, this means that those road users who could do the greatest harm have the greatest responsibility to reduce the danger or threat they may pose to others. 

While the States Assembly did not go as far as change the law on Wednesday, it did request the Transport Minister to undertake a review of road safety with a focus on vulnerable road users. 

Pictured: ‘Presumed liability’ - where those driving the larger vehicle, which have the potential to cause the most harm in a collision, carry the greatest responsibility to take care and reduce the damage they could inflict on others - is enshrined in law in many European countries, including the Netherlands.

Members also asked the Minister, Deputy Kevin Lewis, to review existing legislation and the Highway Code to identify the benefits of introducing a ‘Freddie’s Law’ hierarchy.

Mrs Dentskevich said was delighted that her son’s accident had been a catalyst for the Assembly’s decision, which was passed unanimously, and she only hoped that no one had to go through what her family had endured.

“It is important that the review is not just about presumed liability; it is looking at all road safety legislation,” she said. “It was also clear that many Members, not least the Constable of St. Martin who brought the proposition, saw the importance of making sure Jersey’s roads are as safe as possible.

Pictured: The Constable of St. Martin, Karen Shenton-Stone, took the Dentskevich family’s cause to the Assembly.

“We accept that we are not going to see justice for Freddie but we hope that the deficiencies in Jersey’s current Road Traffic Law - such as the rules around mobile phone use and the duty of a driver who is involved in an accident - can be improved.” 

Mrs Dentskevich thanked everyone who had supported her family since she first shared her son’s story in January.

The positive reaction prompted her to launch an official online petition on gov.je calling for a Freddie’s Law, which has attracted more than 3,700 signatures.

The cause is thought to be the first to reach the States Assembly without the 5,000 signatures which are required by law to trigger a debate.