Article 5 of the Road Traffic Act 1994 (RTA) determines that it is prohibited to behave in such a way that causes danger or nuisance on the road. This article applies to all road users: motorists, motorcyclists, cyclists, and pedestrians. It constitutes a significant basis for both criminal prosecution and civil liability in traffic accidents.

In this article, we explain what Article 5 RTA entails, who is liable for violations, and what personal injury can be compensated.

What is dangerous behavior under Article 5 RTA?

The law does not provide a specific list of behaviors that fall under Article 5 RTA. Therefore, it is also known as the catch-all article: a broad spectrum of various forms of dangerous driving can be brought under.

Examples include:

• Tailgating with the likelihood of a pile-up.

• Driving with a phone in hand.

• Not giving right of way.

• Driving under the influence of alcohol or drugs.

• Driving too fast.

• Crossing where it is not allowed.

• Run a red light, even as a cyclist or pedestrian.

The principle is: any behavior that objectively causes danger or nuisance (or may cause) can fall under Article 5 RTA.

Liability for violation of Article 5 RTA

Whoever violates Article 5 RTA and thereby causes a traffic accident, is in principle liable for the damage. This can, for example, follow from other traffic rules such as:

• Article 19 RVV – drivers must keep sufficient distance to their predecessor. If they do not do this and a pile-up or rear-end collision occurs, the rearmost driver is liable.

• Article 49 RVV – drivers must give priority to pedestrians at a pedestrian crossing. If this does not happen, the driver is liable for the damage.

Because Article 5 RTA is so broadly formulated, it can be applied to a wide range of traffic offenses.

Exception: protection of cyclists and pedestrians

Cyclists and pedestrians are at greater risk of serious injury. Therefore, they are additionally protected by Article 185 RTA. This article states that a motor vehicle driver in an accident with a cyclist or pedestrian is always at least 50% liable, regardless of who was at fault.

This means that even if a cyclist runs a red light, he or she still has a right to compensation of at least 50%.

In addition, the fairness correction can lead to full compensation, for instance when:

• the cyclist or pedestrian has suffered serious or permanent injury;

• there is no other insurance to cover the damage;

• most of the blame lies with the motorist.

What to do in a traffic accident?

Are you a victim of a traffic accident in which Article 5 RTA was violated? Then it is important to take the right steps immediately:

1. Always fill out a collision form, signed by both parties.

2. Record the data of witnesses who can confirm the cause.

3. Always visit a doctor, even with seemingly minor complaints.

4. Keep all receipts and proofs of expenses incurred.

5. Engage a personal injury lawyer as soon as possible.

The sooner action is taken, the greater the chance of successful compensation.

What personal injuries can be claimed?

In case of violation of Article 5 RTA, you may be entitled to compensation for different types of damages, including:

• Material damage: medical costs (such as deductible, physiotherapy), loss of income, travel expenses, household help costs, study delay.

• Non-material damage (pain and suffering): compensation for pain, sadness, driving anxiety, or psychological complaints such as PTSD.

The amount of the compensation depends on the severity of the injury, the duration of the restrictions, and the effects on your daily life.

Free legal help with personal injury

At Arslan Lawyers, we we only support victims of traffic accidents. Our personal injury lawyers ensure that liability is established, the compensation is maximally substantiated, and that the other party is held accountable.

Good to know: our help is almost always free of charge for victims. We recover the costs from the liable party.