In brief
- Article 185 WVW protects cyclists and pedestrians by regulating the liability of motor vehicles in a collision.
- The 50 percent rule means that cyclists and pedestrians receive at least 50% compensation, even if they are partly at fault.
- You can claim various damage items, such as medical expenses, loss of income, and pain and suffering damages.
- After an accident, it is essential to gather evidence and quickly engage a specialized personal injury lawyer.
- Arslan & Arslan Advocaten offers free legal support and handles the entire claims process for you.
A collision between a cyclist or pedestrian and a motor vehicle often brings much uncertainty regarding liability and compensation. In this context, article 185 of the Dutch Road Traffic Act (WVW) is of great importance. This article contains a special rule known as the 50 percent rule. This rule protects vulnerable road users, such as cyclists and pedestrians, by always granting them at least half of the compensation, even if they share some fault in the accident.
What is the 50 percent rule according to article 185 WVW?
Article 185 WVW states that in a collision between a motor vehicle and a cyclist or pedestrian, liability generally lies fully with the driver of the motor vehicle, unless there is evidence that the cyclist or pedestrian is wholly or partly liable. Even if the vulnerable road user is partly at fault, their compensation will never be reduced by more than 50%. This means cyclists and pedestrians always receive at least 50% of their damages.
This 50 percent rule is legally established to provide extra protection to vulnerable road users. This stems from the principle that motor vehicles pose greater danger and their drivers have a higher duty of care towards cyclists and pedestrians.
Liability in collisions: what does the law say?
Liability in Dutch traffic law is primarily regulated in the Road Traffic Act (WVW) and the Civil Code (BW). In a collision between a motor vehicle and a cyclist or pedestrian, article 185 WVW determines that the driver of the motor vehicle is generally liable. This means the so-called WAM insurer (Motor Vehicle Liability Insurance Act) of the driver is obliged to compensate the victim’s damages.
It may occur that both parties commit traffic errors, making liability determination complex. In such cases, it is advisable to conduct a thorough traffic accident analysis. This includes examining traffic situations, statements from those involved and witnesses, traffic signs, and possible speed measurements.
At Arslan & Arslan Advocaten we have extensive experience handling complex liability issues. We vigorously pursue the claim on your behalf, even if insurers dispute the driver’s liability.
What damages can you claim after a collision?
As a cyclist or pedestrian involved in a collision with a motor vehicle, you are entitled to compensation for various damage items. It is important to be well informed about all types of damages you can claim through a personal injury procedure.
- Medical expenses: This includes all treatments, hospital stays, physiotherapy, medications, and medical aids needed due to the accident.
- Loss of income: Partial or full loss of income due to incapacity for work; covering both wage loss and potential loss of future earning capacity in case of permanent disabilities.
- Household help: Compensation for costs of assistance with household tasks you temporarily or permanently cannot perform yourself.
- Travel expenses: Costs for transport to doctors, therapists, or other relevant appointments.
- Pain and suffering damages: Compensation for immaterial damages such as pain, grief, loss of enjoyment of life, and psychological complaints. Pain and suffering amounts may vary; for example, whiplash injuries often range between €5,000 and €15,000, while severe brain injury can exceed €100,000. See our blog on pain and suffering damages in traffic accidents for more examples.
- Future damages: In case of permanent injury, future medical costs and loss of income are also taken into account, calculated up to retirement age or expected lifespan.
A specialized personal injury lawyer can help you identify all relevant damage items to ensure full compensation without any loss.
What can you do yourself after a collision with a motor vehicle?
It is crucial to take the right steps immediately after the accident to strengthen your damage claim:
- Always visit your general practitioner or emergency room, even with seemingly minor complaints. Some injuries may only manifest later.
- Take clear photos of the accident location, involved vehicles, conditions (such as weather, road markings), and your own injuries.
- Collect information from witnesses who saw the accident. If possible, ask for contact details.
- Keep all receipts, invoices, and medical reports related to the accident and recovery process.
- Document the accident in writing. Note your own memories, observations, and complaints you experience.
- Contact an experienced personal injury lawyer as soon as possible to represent your interests. At Arslan Advocaten, the first consultation is always free and without obligation.
Gathering good and timely evidence offers you the best chance for a successful damage claim.
How does Arslan & Arslan Advocaten support you with personal injury?
Arslan & Arslan Advocaten is ready to fully represent your interests from the moment you contact us. We take care of the entire claims process so you can focus on recovery:
- We formally hold the liable party and their insurer accountable.
- We ensure quick advance payments so you receive immediate assistance.
- We thoroughly map out your damages, including future damages and pain and suffering.
- We negotiate with the insurer and ensure an optimal settlement without unnecessary delay.
- If the insurer refuses to cooperate or makes unreasonable offers, we litigate on your behalf in court.
The costs of our legal assistance are paid by the liable insurer based on article 6:96 BW. Therefore, you pay no upfront fees and there are no hidden costs associated with our services.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg, we are always nearby and personally accessible.
Frequently asked questions about the 50 percent rule and personal injury
Does hiring a personal injury lawyer cost money?
No, a personal injury lawyer like Arslan & Arslan Advocaten works on a contingency basis, recovering costs from the liable party. According to article 6:96 BW, the insurer reimburses all reasonable legal assistance costs. You therefore bear no financial risk.
How long does a personal injury case usually take?
The duration of a personal injury case depends on the severity of the injury and the insurer’s cooperation. Simple cases can be resolved within a few months. Complex cases involving permanent injury and liability disputes can sometimes take several years.
Do I receive compensation if I am partly at fault for the accident?
Yes, thanks to the 50 percent rule, a cyclist or pedestrian never has to bear more than 50% of the damage if partly at fault. This means you always receive at least 50% of your damages, regardless of any own fault.
What is pain and suffering damages and how is it calculated?
Pain and suffering damages compensate immaterial harm such as pain and grief caused by the accident. The amount depends on the injury’s severity, its impact on daily life, and legal precedents. For example, whiplash damages often range from €5,000 to €15,000, while severe brain injury can reach €100,000 or more.
Read also
- Personal injury in cyclist and car collisions: what you need to know
- Pain and suffering damages in traffic accidents: amounts and examples
- Hiring a personal injury lawyer in Rotterdam
Contact Arslan & Arslan Advocaten without obligation for free and expert advice on your personal injury claim after a collision. We specialize in claims for cyclists and pedestrians and questions about the 50 percent rule. With years of experience and personal attention, we help you achieve optimal compensation so you can resume your life as well as possible.
