Liability Forfeiture in Cases of Gross Negligence for Personal Injury in Zoetermeer
In Zoetermeer, gross or intentional fault leads to complete forfeiture of your personal injury claim. When does this apply in addition to the 50%-rule in local traffic accidents?
Art. 6:106(2) BW: in cases of gross negligence, the claim is completely forfeited, even if you are less than 50% at fault. Intent excludes any compensation, even in busy Zoetermeer neighbourhoods such as Rokkeveen or Seghwaert.
Gross Negligence Defined in the Zoetermeer Context
Drink-driving on the N206 or reckless behaviour around Zoetermeer's Stadshart qualifies as 'consciously ignoring risk'. Local police report dozens of cases annually involving alcohol and traffic accidents.
Example: Drunk Cyclist in Buytenwegh
Cyclist with 2 promille collides with car near Zoetermeer station: gross negligence established, claim fully rejected despite 40% fault of the motorist. Occurred in 2022 at the Van Tuyll van Serooskerkenweg.
Example: Speed Demon on the Oude Delftweg
Motorist ignores 50 km/h limit and causes collision: court ruled gross negligence, no personal injury compensation despite partial fault of others in rush hour.
The subdistrict court in Zoetermeer assesses each case individually; appeal to the Court of Appeal in The Hague is possible for residents of this region.