Legal Advice after a Scooter Accident – ​​Discover your options

Questioner

I fell with my scooter. The situation was as follows; there was construction going on and a truck was standing still half on the sidewalk and half on the road. Since I had to go on the sidewalk with my scooter just before, I thought I had to do that again (there was no supervision from the traffic controller of the construction company who was present). So when I went on the sidewalk to drive around the truck, the truck suddenly started moving. I had to brake hard and fell because of that. Damage summarized: - Phone no longer working. - scratch damage and broken rear view mirror of scooter - watch scratch damage - clothing damage Although it was an ambiguous situation because I was driving on the sidewalk, it was very unclear what the traffic situation exactly required, partly because the traffic officer of the construction company did not call me to stop and the truck was stationary until that moment. Side note: the contractors who were present at the accident did not help me when I was lying on the ground or help me to put my scooter upright. They were very verbal in accusing me. A report has been prepared and photos taken which I will receive this week or next week. What can I do about the damage? Thanks in advance, J

Lawyer

You are slow traffic and prefer fast traffic. It is best that you immediately seek legal assistance, this can be free of charge.

Lawyer

As I read it, you should hold the contractor or truck driver liable for your damage. You should provide good evidence. The truck driver can be blamed for inattention and did not assess the situation properly. The situation should also be clear to you and the contractor should take measures to limit the danger. If there is also injury, you would be wise to engage a personal injury specialist who can represent your interests. If liability is acknowledged, the legal costs to be incurred will also be reimbursed. It will then cost you nothing.

Lawyer

Since you were participating in traffic with a motor vehicle, you will have to base liability on article 6:162 BW. Please note: the burden of proof regarding the circumstances of the accident rests with you. You have a direct right of action against the insurer of the truck on the basis of article 6 WAM. To recover your damages, you can contact the insurer of the truck. Since the truck drove away from a standstill, this constitutes a special manoeuvre within the meaning of Article 54 RVV. The truck should therefore have given you priority. In addition, for the sake of convenience, I will assume that you should not be seen as a moped rider. Therefore, you should use the roadway on the basis of Article 10 RVV. For that reason, you were not allowed to use the pavement. The truck driver probably did not have to consider the possibility that a scooter would try to pass him on the sidewalk. On the other hand, the truck was not safely pulled out of traffic. Given the circumstances, I suspect that there may be a case of shared guilt in the accident. It is possible that a personal guilt defense under article 6:101 BW can be raised against you. All in all, liability stands or falls with the facts that you can prove.