If you are partly responsible for your injury, this can affect your compensation. This principle is called contributory negligence or concurrent fault.
What Does Contributory Negligence Mean?
Contributory negligence means that you yourself have a share in the occurrence or severity of your injury. The amount of your compensation is then adjusted according to the degree of your responsibility.
Examples of Contributory Negligence
| Circumstance | Contributory Negligence Percentage |
|---|---|
| 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 higher contributory negligence |
| Cycling through a red light | Depending on the situation |
| Crossing the street carelessly | Depending on the situation |
How Is This Calculated?
The allocation of fault proceeds in the following steps:
- First, the cause of the accident is examined (causality allocation).
- Then a correction is applied based on reasonableness (e.g., severity of injury, insurance status).
- The final percentage determines your ultimate compensation.
Special Rule for Traffic Accidents (50% Rule)
In accidents between motorized and non-motorized road users (such as cyclists or pedestrians), additional protection rules apply:
- You receive at least 50% of the damage compensated, even in case of contributory negligence.
- For children under 14 years old, 100% compensation often applies, except in cases of intent or extreme recklessness.
- This is called the 50% rule or 100% rule.
Correction Based on Equity
After the initial allocation, a judge may apply an equity correction. Relevant factors include, among others:
- How severe the injury is.
- The extent to which you are at fault.
- Whether the other party is insured.
- Your personal situation.
Who must prove contributory negligence?
The other party, often the insurer, must prove that you have contributory negligence. For example, if you were not wearing a seatbelt, they must demonstrate that your injury would have been less severe with a seatbelt.Does contributory negligence also apply to workplace accidents?
In workplace accidents, contributory negligence is rarely applied, unless there is intentional or reckless behavior. Employers can usually not rely on employees' contributory negligence.Can I receive no compensation at all due to contributory negligence?
Although it is theoretically possible that contributory negligence is so high that no compensation remains, this almost never happens. Thanks to the equity correction, you often still receive compensation, especially in case of serious injury.Frequently Asked Questions about Contributory Negligence in Westland
How is my compensation calculated in case of partial fault?
Your compensation is reduced based on your share in the fault. First, it is determined who contributed how much to the accident. Then a reasonableness correction is applied, taking into account factors such as injury severity and personal circumstances. At 30% contributory negligence, for example, you receive 70% of the compensation.
What if I was not wearing a seatbelt during the accident?
Not wearing a seatbelt is often considered 25% contributory negligence, which reduces your compensation by a quarter. The other party must prove that your injury would have been less severe with a seatbelt. In case of serious injury, a judge may mitigate the reduction.
Does the 50% rule also apply to adults on bicycles or on foot?
Yes, this rule applies to all non-motorized road users. You receive at least 50% of the damage compensated, even in case of contributory negligence. For children under 14 years old, 100% compensation often applies, except in cases of intent.
Can an employer claim contributory negligence in a workplace accident?
Only in cases of intent or deliberate recklessness can an employer invoke contributory negligence. In most cases, the employer remains liable, even in the event of employee errors.
What to do if the insurer reduces my compensation?
Check whether the insurer has sufficient evidence for your contributory negligence. Request a clear explanation of the percentage. In case of disagreement, you can file an objection or seek legal assistance, for example via the Juridisch Loket Westland or a lawyer.
For more information or assistance, you can contact the Juridisch Loket Westland or submit matters to the Rechtbank Den Haag.