In the busy Dutch streetscape, all kinds of traffic move past each other: cars, scooters, trucks, buses, pedestrians and many (electric) cyclists. Pedestrians and cyclists in particular have to pay close attention at all times. They are vulnerable to motorized traffic and if an accident occurs due to a lack of attention, they are more likely to be injured. That is why pedestrians and cyclists are given extra protection in the law.
100% and 50% rule
Children up to the age of 14 receive maximum protection under the law. In the event of an accident involving a motor vehicle, the motorized road user is always fully liable. The motorized road user is liable for at least 50% in the event of a collision with a weaker road user who is older than fourteen.
There are few exceptions to these rules. The court can only deviate from the 100% or 50% rule if the driver of the motor vehicle cannot be blamed for the occurrence of the accident. The behavior of the weaker road user must then have been so reckless and unexpected that the motorist could not reasonably take this into account.
Fairness correction
If the liability has been determined on the basis of the aforementioned 50% rule, the so-called ‘fairness correction’ can still lead to a higher compensation obligation. In doing so, the court looks at the specific circumstances of the case and the situation of the victim. In many cases, for example, the seriousness of the injury means that the motorist has to pay more than 50% of the damage, even if he was not at fault for the accident.
Legal help
If you, as a pedestrian or cyclist, have become the victim of a traffic accident involving a motorized road user, you are in most cases entitled to full compensation. This also includes an amount of compensation. When recovering compensation, it is wise to call in expert legal assistance, preferably from a personal injury lawyer.