Liability in Bicycle Accidents | Legal Aid

Questioner

My 16 year old son had a collision on his bike last week. He was riding his bike on the sidewalk on a priority road (which is not allowed) and a lady came cycling out of her driveway. They collided. Damages amount to 40 euros. Who should pay now?

Lawyer

Good day, Liability depends on facts and circumstances, such as driving on the driveway and sidewalk of the lady and your son. It must be investigated who acted unlawfully, so that the other has suffered damage. At first it seems to me based on your story that your son has acted unlawfully at times, but that must be evident from facts and circumstances.

Lawyer

Liable is the party to whose conduct the damage occurred, or: whoever causes the damage must compensate him. For this it is necessary that it is established that one of the parties has made a mistake that can be blamed on him or her. In this case, your son was driving in a place where he was not allowed to drive. If this mistake caused the accident that caused the damage, then he is liable. The fact that your son is 16 years old means that he is old enough to be held personally liable. Even if the fact that he was cycling on the pavement did not cause the accident, this is taken into account in determining who is liable for what part. The damage is then shared between both parties if it turns out that both parties were at fault. (In this respect, I have too little factual information to be able to judge that just like that.) In practical terms, it is probably best to discuss the matter with the other party, agree that the damage amounts to forty euros so that there is no confusion about this later, and if you cannot reach an agreement, or if they hold your son liable, then it is a matter of contacting your liability insurance.

Lawyer

The starting point in article 54 of the RVV (Traffic Rules and Signs Regulations) is that the driver who performs a special manoeuvre such as leaving an exit (entrance) must give way to all other traffic. The lady on the bike should therefore have given way to your son. On the other hand, your son was cycling on the sidewalk. That fact can, in certain circumstances, entail personal fault. For example, personal fault exists if there was a considerable amount of greenery between the sidewalk and the road where your son should have been cycling. In that case, the lady in question should not have expected your cycling son on the sidewalk. In that case, 50% personal fault would be reasonable. If the latter is not the case, i.e. the sidewalk and the road where your son should have been driving are right next to each other, then I do not see any fault in your son's behavior. The lady in question should have been paying attention when leaving the driveway and she could have seen your son coming. Then the lady is fully liable for the damage. There is also an unless to this last one, namely if your son was driving against the direction of traffic. Then your son may still be at fault. By the way, I assume in my answer that your son suffered the damage. If it is the lady who came out of the driveway, the same applies in principle. Good luck! If you need more advice, please feel free to contact me.