Cyclists are among the most vulnerable road users and are therefore afforded extra protection by law. If you have been hit by a car in Westland, as a cyclist you have a strong legal position to claim compensation.
Statutory Protection for Cyclists
Under article 185 of the Road Traffic Act, cyclists enjoy special protection in traffic:
- The motorist is generally liable in a collision with a cyclist.
- Only in cases of force majeure can the motorist avoid liability.
- 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 cases of intent) |
Even if the cyclist is partly responsible for the accident, this rule applies. This protection lapses only in cases of intentional conduct or extreme recklessness.
The Role of Partial Fault for Cyclists
If the cyclist is 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.
- Crossing the road unexpectedly.
- Cycling without lights in the dark.
- Using a smartphone while cycling.
Collision between Cyclists
In an accident between two cyclists, the special protection does not apply. In that case, the standard rules for liability are applied and it is investigated who is responsible.
E-bikes and Speed Pedelecs in Westland
Regular e-bikes with assistance up to 25 km/h fall under the same rules as ordinary bicycles. Speed pedelecs, which assist up to 45 km/h, are however regarded as mopeds and do not receive the same statutory protection.
What Damage Can Be Claimed?
As a cyclist in Westland, you can submit various heads of damage, such as costs for medical treatment, loss of income, domestic assistance, and non-pecuniary loss for emotional damage.
What if the motorist does not stop after the accident?
You can claim from the Guarantee Fund for Motor Vehicles. Ensure you report the incident to the police and collect as much information as possible about the vehicle and driver.Is a cycle helmet compulsory in the Netherlands?
No, wearing a helmet is not compulsory. However, in cases of head injury, not wearing a helmet may affect liability and be considered partial fault. This is assessed on a case-by-case basis.What if I am hit by a suddenly opened car door?
This is called 'dooring'. The motorist who opens the door without checking for cyclists is responsible. The 50% rule for compensation also applies here.Frequently Asked Questions about Cycle Accidents in Westland
What are the first steps after being hit as a cyclist?
Call 112 immediately if injured. Document the situation with photos of the damage, location and car licence plate. Note details of the driver and any witnesses. Report to the police, even for minor damage, and keep all receipts for costs such as medical care or repairs. Engage a personal injury lawyer for legal assistance via, for example, the Juridisch Loket Westland.
How does the 50% rule work if I am partly at fault?
Even in cases of partial fault, for example ignoring a red light, as a cyclist you receive at least 50% compensation. This right lapses only in cases of intent or gross negligence. For total damage of €10,000, you thus always receive at least €5,000, regardless of your share of fault.
Am I entitled to non-pecuniary loss after an accident?
Yes, you can claim non-pecuniary loss for pain, emotional damage and permanent limitations. The amount depends on the severity of your injuries and the impact on your daily life. A lawyer can assist in submitting a substantiated claim.
What if the motorist is uninsured or flees?
In such cases, you can submit a claim to the Guarantee Fund for Motor Vehicles. Always report to the police and collect evidence such as licence plates or witness statements. The fund compensates your damage provided the motorist's liability is established.
Does the protection also apply to e-bikes in Westland?
Yes, e-bikes up to 25 km/h are subject to the same rules as regular bicycles. Speed pedelecs (up to 45 km/h), however, are regarded as mopeds and fall outside the extra protection of article 185 Road Traffic Act.
How long does it take to receive my compensation?
This varies per case. For minor injuries it may take a few months, but for complex personal injury or disputes the process may take longer. For legal support, you can contact the Juridisch Loket Westland or start proceedings via the District Court of The Hague.