Exceptions to the 50% Rule in Personal Injury Cases in Zoetermeer
In Zoetermeer, the 50% rule has significant exceptions, particularly in accidents occurring in busy areas such as Zoetermeerplein or Rokkeveenseweg. Discover when you can still claim compensation despite bearing 50% or more of the liability.
Although Article 6:106 of the Dutch Civil Code is stringent, exceptions to the 50% rule exist, which are relevant for personal injury cases in Zoetermeer. In cases of force majeure, such as sudden weather conditions around Stadionplein, or if the other party acted recklessly, the court may deviate from the rule. Exceptions also apply in cases of minor traffic violations on cycle paths along Van der Vennestraat or involving vulnerable road users, such as children on their way to Lentiz Reviuslyceum, where a more lenient application is often observed.
When Do Exceptions Apply in Zoetermeer?
A common exception arises in cases of professional liability, for instance, if your employer neglected safety regulations on industrial estates such as Oosterheem. The Dutch Supreme Court ruled in cases like ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors at Langerhans Hospital involving patient non-compliance, the court considers local circumstances, such as traffic congestion on the N207.
Example: Children and Young People in Zoetermeer
A 14-year-old cyclist ignores a stop sign near Seghwaert (50% at fault), but the motorist is distracted and fails to notice. Courts in the region apply the rule flexibly due to the age of the cyclist and the busy school routes, resulting in partial compensation.
Advice: Gather evidence of exceptions, such as dashcam footage of accidents on Binckhorstweg, and engage a local personal injury lawyer in Zoetermeer to assert your rights.