Injury after a bicycle accident
Have you been hit by a motor vehicle as a cyclist?
Then you are entitled to compensation. If the bicycle accident with the motor vehicle was your own fault, then you will still be reimbursed for at least 50% of your damage.
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Hit by another cyclist?
In the event of a collision between two cyclists, the judge will have to look at the mistakes made to determine who bears responsibility for the accident.
Cyclists under the age of 14 will aways be reimbursed for 100% of their damage.
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Read below for a detailed explanation!
Circumstances
With traffic accidents it is often clear what the cause of the accident is, but unfortunately this is not always the case. In order to assess who is liable for the accident, an investigation must be conducted into the circumstances. An official report can provide a solution here.
The (criminal) investigation by the police after the accident can also provide assistance.
In your case, it may happen that no report has been drawn up or that no (criminal) investigation has been conducted. It may also happen that this evidence exists, but there is still uncertainty about the cause of the accident. We can help you then too!
We can obtain clarity about what exactly happened in various ways. For example, by carrying out a traffic accident analysis by an expert or by interviewing witnesses (under oath). It is also possible to determine the circumstances of the accident by requesting security images.
Liability in the event of a bicycle accident
The other party that caused the traffic accident can be held liable on the basis of Article 6:162 of the Dutch Civil Code and 185 of the Road Traffic Act. The following applies:
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Have you been hit by a motorized vehicle as a non-motorized person, such as a cyclist, pedestrian or skater/rollerblader, etc.? Then the main rule applies that the driver of the motorized vehicle is liable for the traffic accident and that he (in principle) pays 100% of your damage;
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Are you a non-motorized person, such as a cyclist, pedestrian or skater/rollerblader, etc., and you caused a traffic accident with a motorized vehicle? Then the main rule is that the driver of the motorized vehicle is liable for at least 50% for the damage you have suffered. This is because the legislator views non-motorized road users as 'weaker' road users. The above is the case if you, as a non-motorized road user, are older than 14 years old;
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Are you as a non-motorized road user younger than 14 years old? Then (in principle) the driver of the motorized vehicle must compensate 100% of your damage. This is because the legislator wants to protect children under the age of 14. This protection is important, because children sometimes make less well-considered decisions in traffic. Only if the driver of the motorized vehicle can prove that there was force majeure or if there was 'fault' on your part, then the driver of the motorized vehicle is not liable for your damage. â–
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