Liability in Traffic Accidents: Opportunities and Actions

Questioner

I knocked over a pole with a pedestrian crossing sign on it with my car. The pole had been installed an hour earlier and was on a sidewalk. There are parking spaces behind the sidewalk, and I wanted to park there. The incident happened at my work. Some facts: The post was located between two parking spaces, just before the pedestrian crossing. However, it did obstruct free access to the parking bays. -The pole was not painted in a striking colour so it was difficult to see -The zebra crossing has been there for over a year and only now have signs been installed. -The pole was removed an hour after the incident and replaced in a different location. Since the parking spaces and pedestrian crossing are in a busy area, I was more focused on other traffic than on checking for any changes. When I go to work, I park my car in my designated parking spot four out of five times, so I didn't expect a post to suddenly appear after a year. My question now is: Do I have a good chance of receiving compensation if I hold the municipality liable for the damage to my car, and if so, what is the best way to go about this? I can possibly make use of my legal expenses insurance. Thank you in advance for your response.

Questioner

If you have legal expenses insurance, it is best to report it there immediately.

Questioner

Reading your story, I don't give you much of a chance. The courts assume that you, as a road user, are careful and take into account that things change. What's also difficult is that the situation at the time of the collision has already changed. Now, try to demonstrate (with photos, drawings, and so on) that you were right and that the municipality is at fault. Moreover, you'll have to demonstrate that the municipality, as road authority, placed the post – even though it obstructed traffic (which you must have noticed) – in an inconvenient location for parking. That won't be easy, I suspect, especially since you write that the post was on the sidewalk. In the Netherlands, drivers are expected not to drive on the sidewalk when parking.

Questioner

Thanks for the quick responses. I took a photo of the situation immediately after the collision, so the location of the pole is also clearly visible. In addition, the sidewalk has been lowered precisely to access the parking spaces; there is no other way to reach the spaces. Does this change the situation? Yours sincerely

Questioner

That's possible. I would definitely discuss it with your legal expenses insurance.