As a pedestrian, you are extra vulnerable in traffic and enjoy extensive legal protection. In the event of a collision by a car in Zoetermeer, you often have the right to a high compensation payment.
Legal Protection for Pedestrians
Pedestrians fall under the special protection of article 185 of the Road Traffic Act:
- The motorist is generally liable for the accident.
- 50%-rule: You receive at least 50% of the damage compensated, even in case of partial fault.
- 100%-rule: For children under 14 years old, 100% is always compensated.
- Force majeure is almost never accepted as an excuse for the motorist.
Common Accidents in Zoetermeer
| Scenario | Liability |
|---|---|
| Pedestrian at crosswalk | Motorist almost always fully liable |
| Suddenly crossing the street | Motorist liable, sometimes partial fault of pedestrian |
| Pedestrian on the road (outside crosswalk) | Motorist liable, often shared fault |
| Reversing car in parking lot | Motorist responsible |
Partial Fault for Pedestrians
If you are partially at fault, the compensation above 50% may be reduced. Examples of partial fault include:
- Suddenly stepping onto the road without looking.
- Crossing at a red traffic light.
- Crossing at a dangerous or obstructed location.
- Walking on the roadway while a sidewalk is available.
- Being under the influence of alcohol or drugs during the accident.
Common Injuries for Pedestrians
Due to the lack of protection, pedestrians often suffer serious injuries, such as:
- Head and brain injuries.
- Fractures in legs or arms.
- Pelvic or hip damage.
- Internal injuries due to the impact.
Claiming Compensation in Zoetermeer
You are entitled to compensation for all costs, such as medical treatments, loss of income, help in the house, and non-pecuniary damages. Thanks to the 50%-rule, you always receive at least half of the compensation.
What to do if the motorist drives off?
Report the incident immediately to the police in Zoetermeer and look for witnesses or camera footage. You can file a claim with the Motor Insurers' Guarantee Fund if the perpetrator remains unknown.Is reflective clothing mandatory?
No, wearing reflective clothing is not mandatory. Not wearing it rarely leads to partial fault, except if you were walking in an extremely dangerous place, such as a highway or dark road outside the city.Does this protection also apply in a collision with a cyclist?
No, article 185 of the Road Traffic Act applies exclusively to motorised vehicles. In an accident with a cyclist, the standard liability rules apply.Frequently Asked Questions about Personal Injury in Zoetermeer
What are the first steps after being hit as a pedestrian?
Call 112 immediately in case of injury and have the police in Zoetermeer record the accident. Note the details of the motorist and witnesses, take photos of the situation, and seek medical help. Report the incident to your insurer and consider legal assistance via the Zoetermeer Legal Advice Centre or a lawyer.
How long does it take to receive compensation?
This depends on the case. In cases of clear liability, it may take a few months; in disputes over fault or injury, possibly longer than a year. A personal injury lawyer can help speed up the process, especially if you are entitled to an advance payment.
Can I claim non-pecuniary damages after an accident?
Yes, as a pedestrian you can claim non-pecuniary damages for pain, emotional damage, and permanent limitations. The amount varies based on the severity of the injury and the impact on your daily life. An expert can help determine an appropriate amount.
What if the motorist blames me?
Even in case of partial fault, you are entitled to at least 50% compensation due to the 50%-rule. For children under 14, 100% applies. The other party must prove your fault with, for example, witnesses or footage. Contact a lawyer for a fair assessment.
Is a lawyer necessary for my case?
In cases of serious injury or disagreement over liability, a lawyer is strongly recommended. They know the law, negotiate with insurers, and maximise your compensation. Costs are often covered by the other party. For minor cases, you can take action yourself after advice.
Can I claim costs for household help?
Yes, if you cannot clean or perform other tasks yourself due to the accident, you are entitled to compensation for household help.