Motorcyclists in Westland are vulnerable in accidents due to minimal protection. The rules regarding liability are similar to those for car drivers.
Motorcyclists on the Road in Westland
In traffic, motorcyclists are not considered 'vulnerable' road users, such as cyclists or pedestrians. The 50% rule therefore does not apply to motorcyclists.
Liability in Motorcycle Accidents
| Situation | Liability |
|---|---|
| Car driver causes the accident | Car driver is liable |
| Motorcyclist causes the accident themselves | Own risk, possible coverage via SVI |
| Poorly maintained road surface | Road authority may be liable |
| Technical defect on motorcycle | Manufacturer or repairer may be liable |
Common Injuries
Due to the limited protection, motorcyclists often suffer severe injuries:
- Fractures to legs, arms or collarbone
- Head trauma (even with helmet)
- Spinal damage
- Internal injuries
- Skin damage (abrasions, 'road rash')
Importance of Protective Clothing
Not wearing protective gear can lead to contributory negligence:
- A helmet is legally required; without a helmet, contributory negligence is heavily taken into account
- Motorcycle clothing with protection is not mandatory, but strongly recommended
- Sturdy shoes and gloves are important for extra safety
Passenger Accident Insurance (SVI)
For motorcyclists in Westland, an SVI insurance policy is essential. It provides coverage for injury, regardless of who is at fault, including in single-vehicle accidents.
Filter Lane Riding in Westland
Motorcyclists may cautiously ride between lanes of stationary traffic. If careless behaviour causes an accident, this can lead to partial or full liability.
What if I am at fault for the accident?
In that case, you cannot claim damages from another party. An SVI or accident insurance policy can then help. It is advisable for motorcyclists in Westland to have such insurance.Does my speed affect the case?
Yes, speeding can result in contributory negligence. If your speed contributed to the accident, the compensation may be reduced. In cases of serious violations, this can be significant.Can I hold the Municipality of Westland liable for poor road surface?
Yes, if a poor road surface (such as potholes or slippery conditions without warning) contributed to the accident, you can hold the road authority liable.Frequently Asked Questions about Motorcycle Accidents in Westland
Who is responsible if I am hit by a car?
If a car driver causes the accident, they are generally liable. Even in cases of shared fault, such as speeding, the car driver's insurance often covers the damage, although it may be reduced due to contributory negligence. Evidence such as witness statements or footage helps determine liability.
Can I claim damages if I caused the accident myself?
No, if you are at fault, you cannot recover damages from others. An SVI or accident insurance policy provides a solution, regardless of fault. For motorcyclists in Westland, such a policy is recommended due to the risk of single-vehicle accidents.
What to do after a motorcycle accident in Westland?
First ensure safety and call 112 in case of serious injuries. Take photos of the scene, note license plates and collect witness contacts. Report the incident to the police, even for minor damage. Inform your insurer and consider legal advice, for example via the Juridisch Loket Westland. Keep all medical documents and receipts for claims.
Is my compensation reduced without protective clothing?
Yes, without protective clothing, your compensation may be reduced. A helmet is mandatory; without a helmet, contributory negligence is heavily taken into account. Although motorcycle clothing is not mandatory, failure to wear it may be considered negligent, affecting the compensation.
Can I hold the Municipality of Westland liable for poor road surface?
Yes, if a defective road surface (such as potholes or slippery surfaces without warning) played a role in the accident, you can hold the road authority responsible. Contact a legal advisor, for example via the Juridisch Loket Westland, for support.