Have you sustained injury and partially at fault yourself? In Zoetermeer, this can affect your compensation due to the principle of contributory negligence or joint fault.
What Does Contributory Negligence Mean?
Contributory negligence means that you yourself are responsible for a part of the injury or the extent of the damage. In that case, your compensation can be reduced based on your share of the fault.
Examples of Contributory Negligence
| Circumstance | Share of Contributory Negligence |
|---|---|
| Not wearing a seatbelt in the car | Often 25% contributory negligence |
| Not wearing a helmet on the bicycle (children) | Sometimes contributory negligence |
| Driving under the influence | Often 50% or more contributory negligence |
| Cycling through a red light | Percentage depending on circumstances |
| Crossing inattentively | Percentage depending on the situation |
How Is It Calculated?
The allocation of fault proceeds in these steps:
- Analysis of the cause: who contributed to the accident to what extent?
- Equity correction: taking into account factors such as severity of injury and insurance status.
- The definitive percentage determines your final compensation.
Special Rule in Traffic: 50% Rule
In accidents between motorized and non-motorized road users (such as cyclists or pedestrians) in Zoetermeer, additional protection applies:
- At least 50% of the damage is compensated, even in case of contributory negligence.
- For children under 14 years: 100% compensation, except in cases of intent or extreme recklessness.
- This is known as the 50% or 100% rule.
Equity Correction in Detail
After the allocation of causality, the court in The Hague (district) may apply a correction based on equity. Relevant aspects are:
- How serious is the injury?
- To what extent is there blame?
- Is the other party insured?
- What are your personal circumstances?
Who Proves Contributory Negligence?
The other party must prove that you have contributory negligence. For example, if you were not wearing a seatbelt, the insurer must prove that your injury would have been less severe with a seatbelt on.Does This Also Apply to Work-Related Accidents?
In workplace accidents, contributory negligence is rarely assumed, unless there is intentional or reckless behavior. Employers in Zoetermeer cannot easily invoke contributory negligence.Can I Receive No Compensation Due to Contributory Negligence?
Although it is theoretically possible that contributory negligence is so high that no compensation remains, this rarely happens. Thanks to the equity correction, you often still receive compensation in case of serious injury.Frequently Asked Questions about Contributory Negligence in Zoetermeer
How is my compensation determined in case of partial fault?
Your compensation is reduced based on your share of the fault. First, the contribution to the accident is considered, followed by a correction based on factors such as severity of injury. At 30% contributory negligence, you receive 70% compensation. In traffic situations, there is often a minimum of 50%.
What if I was not wearing a seatbelt in an accident?
Not wearing a seatbelt is often considered 25% contributory negligence, which reduces your compensation by a quarter. The other party must prove that a seatbelt would have limited the injury. In case of serious injury, the court may mitigate the reduction.
Does the 50% rule also apply to adults in Zoetermeer?
Yes, this rule applies to all non-motorized road users. You receive at least 50% of the damage compensation, even in case of contributory negligence. For children under 14 years, 100% compensation often applies.
Can an employer claim contributory negligence in a work accident?
Only in cases of intent or deliberate recklessness can an employer in Zoetermeer invoke contributory negligence. In most cases, the employer remains liable for the injury.
What to do if the insurer reduces my compensation?
Check whether the insurer has sufficient evidence for your contributory negligence and request explanation of the percentage. Consider legal advice via the Juridisch Loket Zoetermeer or a lawyer to claim a higher compensation.