When you are hit as a pedestrian, you are often the most vulnerable. The consequences of such an accident, whether it happens at the zebra crossing, while crossing the road, or on the sidewalk, can range from minor injuries to very serious injuries. During this emotionally and physically difficult period, it is important to know that Dutch law offers you extra protection as a weak road user.
In this in-depth article, the personal injury lawyers at Arslan Advocaten explain what your rights are after a collision, how legal liability works, and what essential steps you need to take to claim maximum compensation. Our aim is to give you complete certainty about your legal position, so that you can focus on your recovery.
The Act Protects the Pedestrian: Article 185 of the Road Traffic Act
The legal basis for the protection of the pedestrian lies in Article 185 of the Road Traffic Act (WVW). This article has been specifically drawn up to compensate for the inequality in force between a motor vehicle (cars, motorcycles, trucks) and a non-motorized road user (pedestrians and cyclists).
The Principle of Strict Liability
Article 185 WVW states that the owner or holder of the motor vehicle is in principle always liable for damage caused by a collision with a pedestrian. We call this strict liability. The pedestrian does not have to prove that the driver made a mistake; the simple fact of the collision with the motor vehicle is enough to establish liability.
The Key Exception: Force Majeure
The only way for the motorist to avoid liability is to prove that there was force majeure. This is a very high threshold. In case law, force majeure is only assumed if the driver cannot legally be blamed and the pedestrian's mistake was so unexpected that it was impossible for the driver to avoid it. In practice, force majeure is almost never assumed.
The 50% and 100% Rule: Your Right to Compensation
Even if it is established that you as a pedestrian have made a traffic error, you are entitled to significant compensation.
The 50% Rule (Partially attributable)
If you, as a pedestrian, make a traffic error (for example crossing outside a zebra crossing or running through a red light), you are still entitled to at least 50% of your total personal injury damage compensated. This is a fixed rule, the so-called fairness correction.
The remaining 50% of the damage is divided based on the extent to which the mistakes of both parties contributed to the accident. Our personal injury lawyers will negotiate this to ensure that you receive more than 50%.
The 100% Rule (Young and Older Pedestrians)
The protection is maximum for:
- Pedestrians Under the age of 14: If a child under the age of 14 is hit by a car, he is always entitled to 100% compensation, regardless of the child's fault.
- Pedestrians on the road Zebra crossing: If you are hit as a pedestrian on a zebra crossing, you are almost always entitled to 100% compensation, because the driver is obliged to give you priority.
What to Do: Step-by-step plan immediately after the collision
Correct action immediately after the accident is the basis for your successful claim for damages. Follow this step-by-step plan:
1. Priority: Medical Recording
Always go immediately to a doctor or hospital, even if you have minor complaints. Make sure that the doctor accurately records in your file how the accident happened and what complaints you have. Without a good medical file structure, it will later be difficult to prove the causal link with the personal injury to the pedestrian.
2. Collect Essential Evidence
- Data: Record the license plate number, name, address and insurance details of the driver.
- Witnesses: Ask bystanders who witnessed the accident for their contact details.
- Photos: Take photos of the accident location, damage to the vehicle, and visible injuries.
- Police: Report the accident.
3. Hire a Specialist Personal Injury Lawyer
Get legal help as soon as possible. The other party's insurer will contact you quickly, but it is essential that you have your interests represented by an independent specialist.
Damage claim: What personal injury is reimbursed?
If you sustain personal injury as a pedestrian, you are entitled to compensation for all damage, both material and immaterial.
| Damage item | Explanation |
|---|---|
| Medical Costs | Deductible, costs for non-insured treatments, and physiotherapy. |
| Loss of Earning Capacity (VAV) | The income you miss because you are (temporarily) unable to work or are unable to work as a result of the injury. Read more about this on our page about loss of earning capacity. |
| Penalties | Compensation for immaterial damage: pain, fear, psychological complaints, and reduced enjoyment of life. |