Pedestrians are among the most vulnerable road users and are therefore strongly protected by traffic law. If you have been hit by a car in Westland, you are in a strong legal position.
Legal Protection for Pedestrians
Pedestrians, like cyclists, fall under the protection of article 185 of the Road Traffic Act:
- The car driver is generally liable
- 50% rule: you receive at least 50% of the compensation, even in case of your own fault
- 100% rule: children under 14 always receive full compensation
- Force majeure is almost never accepted by the court
Common Accidents in Westland
| Scenario | Liability |
|---|---|
| Pedestrian at crosswalk | Motorist almost always fully liable |
| Suddenly crossing the street | Motorist liable, but pedestrian's own fault possible |
| Pedestrian on the roadway (not crossing) | Motorist liable, often partly pedestrian's own fault |
| Reversing car on parking lot | Motorist responsible |
Own Fault for Pedestrians
If there is own fault, the compensation above 50% can be reduced. Examples include:
- Stepping onto the road without warning
- Crossing at a red traffic light
- Crossing at an unsafe location
- Walking on the roadway while a sidewalk is available
- Being under the influence of alcohol or drugs
Common Injuries for Pedestrians
Because pedestrians have no physical protection, the chance of serious injury is high:
- Head and brain injury
- Fractures in legs or arms
- Damage to hip or pelvis
- Internal injuries
Claiming Compensation in Westland
You are entitled to compensation for various costs, such as medical expenses, lost income, help in the house, and non-pecuniary damages. Thanks to the 50% rule, you always receive at least half of the compensation.
What to do if the motorist has driven off?
Report the incident to the police immediately and gather witness statements or camera footage. You can file a claim with the Motor Insurers' Guarantee Fund for compensation.Is reflective clothing mandatory?
No, this is not legally required. Not wearing it rarely leads to own fault, unless you were walking in an extremely dangerous place, such as a highway or unlit road outside built-up areas.Does this protection also apply in a collision with a cyclist?
No, article 185 WVW only applies to motorised vehicles. In a collision with a cyclist, the standard liability rules apply.Frequently Asked Questions about Personal Injury in Westland
What are the first steps after being hit as a pedestrian?
Call 112 if injured and have the police record the accident. Note the driver's and witnesses' details, and take photos of the location. See a doctor, even for minor complaints, and report the accident to your insurer. Consider legal assistance via the Westland Legal Desk and keep all receipts for costs incurred.
How long does it take to receive compensation?
This depends on the case. In cases of clear liability, it may take a few months, but in disputes over fault or injury, it can take more than a year. A lawyer can help speed up the process. If liability is established, you are entitled to an advance payment.
Can I claim non-pecuniary damages after an accident?
Yes, as a pedestrian you can claim non-pecuniary damages for pain, emotional impact and permanent limitations. The amount depends on the severity of the injury and can amount to tens of thousands of euros. An expert can help determine an appropriate amount.
What if the driver claims I am at fault?
Even in case of own fault, you receive at least 50% compensation due to the 50% rule. For children under 14, 100% applies. The driver must prove your fault, for example with witnesses or footage. Consult a lawyer for a fair assessment.
Do I need a lawyer for my case?
In cases of serious injury or disagreement over liability, a lawyer is recommended. They know the legislation, negotiate with insurers and maximise your compensation. The costs are often covered by the other party. For minor cases, you can take action yourself after advice.
Can I claim costs for household help?
Yes, if you cannot clean or perform other tasks yourself due to the accident, you are entitled to compensation for household help.