Liability in the event of a bicycle accident - Legal Advice Centre


Questioner

Last Friday my wife was hit by a car driver who pulled up to the traffic light and drove so fast that my wife hit the windshield with her head and caused damage to the bike and car, we did not have third party insurance (I did that immediately). My wife drove through the orange traffic light, the car driver has witnesses that he drove through green and that my wife drove through red. I hear from many people that a cyclist is protected because he is vulnerable in traffic. My wife certainly did not drive recklessly and there are no obstructions in the view of the traffic light cyclist/motorway. Who should pay for the damage?

Lawyer

A cyclist is slow traffic and goes before fast traffic. Since I don't know the road situation, it is also the case that the general traffic rules are applied, without traffic lights. The driver also has an attentive character, which he must adhere to. The best thing is that you hold the other party liable immediately and that your wife and children go to the doctor immediately to have any physical damage recorded. If you wish, you may contact me directly for further information.

Lawyer

I hope your wife and children were not injured in the accident. In Dutch law, cyclists are given extra protection because they are vulnerable in traffic. It is therefore virtually impossible for motorists to claim their damages in full. The cyclist almost always gets at least 50% of his damages compensated. It is therefore advisable to hold the motorist liable for the damages. The costs of legal assistance can also be recovered from the insurance company of the car. I have extensive experience with traffic accidents. If you wish, I can help you recover the damages.

Lawyer

First of all, I would like to wish your wife and children strength in coping with the accident. In the Netherlands, article 185 of the Road Traffic Act applies and, unless there is intent or force majeure (which is unlikely to apply in this case), the motorist is in any case 50% responsible for the accident. Your wife and your children can hold the other party liable. You can do this yourself, but it can also be done by a legal expenses insurer or by a personal injury specialist. The insurer of the car will have to clarify whether they want to accept responsibility for the accident. In addition to clarity about liability, it will have to be clear whether injuries were sustained. If no injury has been sustained, the material damage (bicycle/clothing, etc.) can be charged to the other party in proportion to the liability. If there is an injury, medical information will be collected from the doctors/therapists. With the medical information, the financial consequences for your wife will be examined, including with regard to the possible inability to work (employer or home) and bills that you have received extra. The extra expenses but also any lost income as a result of the accident must be compensated by the responsible party. Of course, there is also the right to compensation for the pain, pain and suffering, payment. However, the driver can also hold your wife liable for the damage he/she sustained to the car. If you do not have liability insurance, you will have to pay for the damage yourself, provided that it can be proven that the car drove through a green light and your wife through a red light. The evidence will have to be provided by witnesses. Proving that the other party was driving too fast will be very difficult. If you have any questions about this, you can contact me or another personal injury specialist about this. The costs of a personal injury specialist can then be recovered from the liable insurer and you do not have to pay for this. I hope this has been of service to you and if you have any further questions, please let me know.

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