Liability in a traffic accident: who pays for your damages?

liability in a traffic accident rests with the driver who caused the accident; moreover, for collisions between a motorized vehicle and a cyclist or pedestrian, special protection applies under Article 185 of the Road Traffic Act (185 WVW). This rule ensures that the owner or driver of a motor vehicle is almost always liable for the damage suffered by a struck cyclist or pedestrian, unless there is a case of force majeure. Who is liable determines who compensates you for your personal injury — and that is precisely the first thing a proper assessment establishes.

The short answer

• What: Liability determines which party (and which insurer) must pay for your damages after a traffic accident.
• When: the person causing the accident is liable; in the case of a motor vehicle striking a cyclist or pedestrian, the additional protection of Article 185 of the Road Traffic Act applies.
• How much: adult cyclists and pedestrians receive at least 50% of their damages reimbursed under the “50% rule”; children under 14 years of age, in principle, 100%.
• How: the director escapes liability only in the event of demonstrable force majeure; contributory negligence may reduce the compensation (Article 6:101 of the Dutch Civil Code).
• Costs: if another party is liable, their insurer will also pay your reasonable legal assistance costs (Article 6:96 paragraph 2 of the Dutch Civil Code).

Who is liable in a traffic accident?

The basic principle is simple: anyone who causes damage to another through careless or unlawful driving is liable for it. This follows from the general rule of tort law (Article 6:162 of the Dutch Civil Code). Anyone who fails to yield, drives too fast, runs a red light, or maintains insufficient distance and thereby causes a collision, bears the consequences.

In practice, the settlement is not handled by the driver themselves, but by their third-party liability insurer. Every motor vehicle in the Netherlands is required to be insured against legal liability. As a victim, you therefore hold the opposing party liable and claim damages from that insurer. In case of doubt regarding fault—for example, two parties contradicting each other—factors such as traffic rules, witnesses, the nature of the damage, any camera footage, and the police report are taken into account.

Article 185 of the Road Traffic Act: protection of the weaker road user

Traffic law provides for an important exception to the ordinary burden of proof. If a non-motorized road user —a cyclist or pedestrian—is struck by a moving motor vehicle, Article 185 of the Road Traffic Act applies. This provision places strict liability on the owner or holder of the motor vehicle: they are, in principle, liable for the damage suffered by the cyclist or pedestrian, even if the driver did not commit a traffic error themselves.

The rationale behind this is that a car, motorcycle, or truck poses a much greater danger than a cyclist or pedestrian. The legislature and case law therefore place that risk on the “stronger” party. Important to know:

• Article 185 of the Road Traffic Act applies only to a moving motor vehicle that collides with a non-motorized road user or a stationary object.
• It does not between two motor vehicles—in that case, you fall back on the ordinary rules of fault and tort.
• The director can only escape liability by demonstrating force majeure

You can read the exact text of the law on wetten.overheid.nl. Do you want to know what this means for your situation? Then view our page on personal injury after a traffic accident.

The 50% rule and the 100% rule for cyclists and pedestrians

Within Article 185 of the Road Traffic Act, case law distinguishes based on age. This leads to two well-known rules of thumb:

• The 100% rule (children up to 14 years of age): if a child under fourteen is hit while cycling or walking, they will in principle be compensated for their full damages. The child's own fault plays virtually no role in this; this may only be different in cases of intent or recklessness bordering on intent.
• The 50% rule (from age 14): for older cyclists and pedestrians, the driver of the motor vehicle must compensate at least 50% of the damage, even if the cyclist or pedestrian made a mistake themselves. If the driver was more seriously at fault, the compensation percentage may be higher.

These rules are a floor, not a ceiling. If the motorist is at fault the most, the compensation for an adult cyclist can exceed 50% well — sometimes even the full amount. The precise breakdown depends on the circumstances and is precisely the area where a personal injury lawyer makes the difference.

When does force majeure apply?

Force majeure is the only real escape route for the driver of a motor vehicle under Article 185 of the Road Traffic Act. The bar is set high in this regard. Force majeure only applies if the driver cannot be held legally at fault in any way for the manner in which he drove. The fault of the victim — or of a third party — must then have been so improbable that the driver did not need to take it into account when determining his driving conduct.

In practice, an appeal to force majeure rarely succeeds. A cyclist suddenly crossing the road, for example, is not enough: a motorist must take into account the mistakes of others, especially regarding vulnerable road users and near schools. Consequently, the center of gravity almost always shifts to the question of the extent of 's own fault — and that is a different discussion from force majeure.

Contributory negligence and Article 6:101 of the Dutch Civil Code

Even if it is established that the opposing party is liable, your own share in the accident may be taken into account. This is regulated in Article 6:101 of the Dutch Civil Code, the so-called contributory negligence. The damages are then apportioned according to the extent to which each party's conduct contributed to the accident. Examples of possible contributory negligence:

• failure to yield or crossing unexpectedly;
• driving without lights in the dark;
• ignoring a red traffic light;
• not wearing a seatbelt, causing the injury to become more serious.

Important: for cyclists and pedestrians, contributory negligence is adjusted by Article 185 of the Road Traffic Act and the 50% and 100% rules. An adult cyclist who is partly at fault therefore still retains the right to at least half of their damages, and a young child, in principle, to everything. In addition, the law provides for an “equity adjustment”: the judge may adjust the distribution if the severity of the injury or the circumstances warrant it. The amount of contributory negligence attributed to you is often the most hard-fought part of a case.

What damages can you recover?

Once liability has been established, it concerns the extent of your damages. In the event of injury resulting from a traffic accident, you can claim compensation for, among other things:

• material damage: medical costs, deductible, travel expenses, damage to clothing, bicycle or vehicle;
• loss of income: lost wages or turnover due to being (temporarily) unable to work, and loss of earning capacity in the long term;
• domestic help and self-care activities that you can no longer do yourself due to your injury;
• pain and suffering: compensation for pain, grief, and loss of enjoyment of life (Article 6:106 of the Dutch Civil Code);
• in the event of a fatal accident: compensation for death for surviving relatives (Article 6:108 of the Dutch Civil Code).

You can read more about this on our pages about compensation and pain and suffering, and in our blogs about compensation and non-material damage.

What does a personal injury expert do in a traffic case?

Liability may seem clear on paper, but in practice, it is heavily negotiated—certainly regarding contributory negligence and the amount of damages. A specialized personal injury expert or personal injury lawyer:

• holds the opposing party or insurer liable in writing and monitors the statute of limitations;
• gathers evidence regarding the circumstances, so that an unjustified appeal to force majeure or contributory negligence is refuted;
• maps out all items of damage with substantiated evidence, if necessary with medical advice;
• negotiates the reimbursement percentage and requests an advance where possible so that you do not wait months for money.

Because the liable insurer also pays your reasonable legal assistance costs in a recoverable case (Article 6:96 paragraph 2 of the Dutch Civil Code), professional help generally costs you nothing. With us, that is called 100% paid by the insurer. Want to know who you are working with? View our team of personal injury specialists.

Honest recommendation

If you only have property damage and no personal injury, you do not need a personal injury firm: you handle that directly with the insurers. Also, if you were clearly the sole cause and sustained no injuries yourself, there is little to recover. However, as soon as you have been injured by another party in traffic — and especially if you were hit as a cyclist or pedestrian — professional help is almost always advisable. Insurers often try to shift a high percentage of your own fault onto you, and that is precisely where victims miss out on a lot of money.

Do you want to know who is liable in your case and what you can claim? Schedule a free consultation or request a free intake . We will assess your traffic accident free of charge and claim your maximum compensation.

Frequently Asked Questions