Cyclists in Zoetermeer are extra protected in traffic. If you are hit by a car, as a cyclist you have a strong legal position to claim compensation.
Statutory Protection for Cyclists
According to Article 185 of the Road Traffic Act, cyclists enjoy special protection:
- The motorist is generally liable in an accident with a cyclist.
- This liability only lapses in the event of force majeure on the part of the motorist.
- Force majeure is rarely recognised by the court.
Rules for Compensation: 50% and 100%
| Age of Cyclist | Minimum Compensation |
|---|---|
| 14 years and older | At least 50% of the damage |
| Under 14 years | Full compensation (except in case of intent) |
Even in case of partial fault, as a cyclist you receive minimum compensation. This rule only lapses in the event of intentional conduct or extreme recklessness.
Partial Fault by Cyclists
If you as a cyclist are partly responsible for the accident, the compensation above 50% may be reduced. Examples of partial fault include:
- Cycling through a red light.
- Failing to yield right of way.
- Unexpectedly crossing the road.
- Riding without lights in the dark.
- Being distracted by a phone.
Collision Between Cyclists
In the event of a collision between two cyclists in Zoetermeer, no extra protection applies. Liability is determined based on the standard rules for tort and who is at fault.
E-bikes and Speed Pedelecs in Zoetermeer
Regular e-bikes (maximum 25 km/h assistance) fall under the same rules as ordinary bicycles. Speed pedelecs (up to 45 km/h), however, are regarded as mopeds and do not have the same statutory protection.
What Damage Can You Claim?
As a cyclist in Zoetermeer, you can submit various damage items, such as costs for medical treatment, lost income, domestic assistance, and non-pecuniary loss for pain and suffering.
What to do if the motorist drives off?
You can file a claim with the Motor Insurers' Guarantee Fund. Report the incident to the police in Zoetermeer and collect as much evidence as possible about the car and driver.Is a bicycle helmet compulsory in the Netherlands?
No, a helmet is not compulsory. However, in the event of head injury, not wearing a helmet may be considered partial fault, depending on the circumstances.What if I am hit by an opening car door?
This is called 'dooring'. The motorist who opens the door without looking is liable. The 50% rule for cyclists also applies here.Frequently Asked Questions about Personal Injury in Zoetermeer
What should I do after being hit as a cyclist?
Call 112 in case of injury. Document the situation with photos of the damage and licence plate. Note details of the driver and witnesses. File a police report with the police in Zoetermeer and keep receipts for costs. Engage a personal injury lawyer via, for example, the Zoetermeer Legal Desk for assistance.
How does the 50% rule work in case of partial fault?
Even in case of partial fault (such as running a red light), as a cyclist you receive at least 50% of your damage compensated. For damage of €10,000, you thus always receive at least €5,000, unless there is intent.
Can I claim non-pecuniary loss after an accident?
Yes, you are entitled to non-pecuniary loss for pain and permanent limitations. The amount is determined by the severity of the injury and the impact. A lawyer can help substantiate it.
What if the motorist is uninsured or flees?
You can claim from the Motor Insurers' Guarantee Fund. File a police report with the police in Zoetermeer and collect evidence. A lawyer can assist you with the procedure.
Do the same rules apply to e-bikes and speed pedelecs?
E-bikes up to 25 km/h fall under the bicycle rules with extra protection. Speed pedelecs up to 45 km/h are regarded as mopeds and fall outside Article 185 of the Road Traffic Act.
How long does a compensation process take?
This varies. For minor personal injury, it may take a few months; for complex cases with serious injury, it often takes longer.