If you are injured as a cyclist, pedestrian or moped rider in a collision with a motor vehicle, the vehicle's owner or holder is in principle liable under Article 185 of the Dutch Road Traffic Act (WVW), unless they prove force majeure. Any own fault is weighed under Article 6:101 of the Dutch Civil Code, but vulnerable road users keep at least 50% of their claim.
For additional general information, see Government of the Netherlands information on the Motor Traffic Guarantee Fund.
Artikel 5 WVW (Road Traffic Act) prohibits behaving on the road in a way that causes danger or obstructs traffic. It applies to every road user: drivers, motorcyclists, cyclists and pedestrians alike.
If Article 5 is breached and you are involved in a road accident, the person in breach may be liable for your letselschade. The personal injury lawyers at Arslan Advocaten help you recover that loss. For victims our help is kosteloos in most cases, because once liability is established we recover our reasonable costs from the liable party. Where liability is disputed or not established, that does not apply, and we will say so at the outset.
What does Article 5 say?
Artikel 5 of the Road Traffic Act is what is known as a kapstokartikel. In substance, it means that no one may behave on the road in such a way that:
- danger on the road is caused, or could be caused, or
- traffic on the road is obstructed, or could be obstructed.
Because the wording is so broad, Article 5 can be applied to many forms of dangerous or obstructive road behaviour. In a road accident it can be the basis for:
- a traffic fine or criminal prosecution, and
- civil liability for your loss.
Is a breach of Article 5 a criminal offence or a regulatory offence?
A breach of Article 5 is in law a overtreding, not a criminal offence (misdrijf).
That means that:
- the penalty is generally lighter than for criminal offences (such as drink-driving causing serious injury);
- you can still face a fine, a driving ban or an entry on your criminal record.
So even a “minor” traffic offence under Article 5 can have serious consequences, certainly where injury has been caused.
Verschil tussen artikel 5 WVW en artikel 6 WVW
Artikel 5 WVW en artikel 6 WVW are closely related but cover different situations.
- Artikel 5 WVW
Aimed at preventing danger or obstruction on the road. No serious injury need have occurred. - Artikel 6 WVW
Concerns situations in which a road user’s fault has caused serious bodily injury or death. This is a criminal offence and can lead to heavier penalties.
Kort samengevat:
- Article 5: danger or obstruction → a basis for liability and sometimes for punishment.
- Artikel 6 WVW: ernstig letsel of overlijden → zwaardere strafrechtelijke vervolging én letselschadeclaim.
What counts as dangerous behaviour under Article 5?
The Act contains no fixed list of prohibited behaviour, which is why Article 5 is flexible in its application. Examples of behaviour that can fall under artikel 5 WVW are:
- Tailgating, with the risk of a chain collision
- Driving with a phone in your hand
- Failing to give way
- Running a red light (including as a cyclist or pedestrian)
- Te hard rijden, vooral in drukke of onoverzichtelijke situaties
- Driving under the influence of alcohol or drugs
- Onveilig oversteken of plotseling oversteken zonder te kijken
What matters is that the behaviour objectief gevaar of hinder or could cause it.
Liability where Article 5 is breached
Wie artikel 5 WVW overtreedt and thereby causes a road accident is in principle aansprakelijk for the loss. Fault can also follow from other traffic rules, such as the Dutch traffic regulations (RVV).
Kop-staartbotsing (afstand houden – artikel 19 RVV)
Drivers must keep enough distance from the vehicle in front. If they do not and a kop-staartbotsing occurs, the driver behind is usually liable.
Bent u hit from behind? In almost all cases you are entitled to (virtually) full compensation for your injury. That applies to:
- materiële schade (auto, fiets, kleding, medische kosten), én
- immateriële schade (smartengeld).
Unsure whether you have a claim after being hit from behind? Have your situation assessed by a personal injury lawyer.
Voetgangersoversteekplaats (voorrang – artikel 49 RVV)
Drivers must give way to pedestrians at a crossing. If they do not and an accident follows, the driver is as a rule liable for the loss.
Because Article 5 is worded so broadly, it can be applied to a wide range of traffic offences and unsafe situations.
Extra protection for cyclists and pedestrians
Cyclists and pedestrians are vulnerable road users. The law therefore gives them extra bescherming.
In an accident between:
- a motor vehicle (car, lorry, scooter) and
- a cyclist or pedestrian,
the driver of the motor vehicle is in principle minimaal 50% aansprakelijk, even where the cyclist or pedestrian was partly at fault.
In practice that liability can rise to 100%, vooral wanneer:
- the injury is serious or permanent;
- the cyclist or pedestrian has no other insurance;
- the driver clearly made a traffic error.
So even if you as a cyclist ran a red light, you may still be entitled to substantial compensation.
What to do after an accident involving a breach of Article 5
After a road accident it is important to act promptly and deliberately:
- Fill in an accident statement form
Preferably jointly, signed by both parties. - Note the witnesses’ details
Their statements can matter a great deal later. - Always see a doctor
Even for mild complaints. Medical evidence is crucial to your claim. - Bewaar alle bonnetjes en bewijsstukken
Think of travel costs, pharmacy costs and aids. - Instruct a personal injury lawyer
The sooner you get legal help, the better the prospect of full compensation on the basis of Article 5.
What loss can be recovered after a breach of Article 5?
In a road accident caused by a breach of artikel 5 WVW you can recover various heads of loss, including:
- Materiële schade
- Medische kosten en eigen risico
- Travel costs to doctors and therapists
- Damage to your vehicle, bicycle, clothing or glasses
- Loss of income (for example through sick leave)
- Studievertraging of gemiste carrièrekansen
- Costs of domestic help or informal care
- Immateriële schade (smartengeld)
- Pijn en ongemak
- Anxiety about going back into traffic
- Psychische klachten (zoals rijangst of PTSS)
- Reduced enjoyment of life
How much is payable depends on the seriousness of the injury, how long the limitations last and the effect on your daily life.
How do you hold the other party liable under Article 5?
Holding the other party liable is usually done by means of a aansprakelijkheidsbrief. Daarin vermeldt u:
- what happened (date, time, place and circumstances of the accident);
- what complaints and injuries you have;
- a summary of your heads of loss;
- that you hold the other party liable on the basis of artikel 5 WVW;
- a request for an advance on your compensation;
- that you are also sending the letter in order to verjaring te stuiten, so that your claim does not become time-barred.
A carefully drafted letter of liability prevents misunderstandings and strengthens your legal position.
Hidden heads of loss: more than you think
Many victims think only of direct costs, such as vehicle damage or a policy excess. In practice there are often many more, such as:
- gemiste toeslagen of onregelmatigheidstoeslag
- childcare costs
- extra parking costs for hospital visits
- costs of aids or adaptations at home
- langdurige inkomensschade
An experienced personal injury lawyer makes sure that no head of loss is overlooked. That improves the prospect of full compensation.
Dealing with insurers and opposing parties
The other party’s insurer is not acting for you. Insurers:
- stellen vaak veel vragen,
- repeatedly ask for medical information,
- sometimes try to propose a low settlement.
A specialist personal injury lawyer knows how to handle this. We:
- protect your legal position,
- handle the correspondence with the insurer,
- apply pressure where needed and take formal steps if necessary.
That stops your case dragging on unnecessarily, or you settling for too little.
Legal help at no cost to you
At Arslan Advocaten we act exclusively for victims of road accidents. We:
- establish liability,
- map out your loss in full,
- negotiate with the insurer,
- secure maximale schadevergoeding.
For victims our help is vrijwel altijd kosteloos in most cases, because once liability is established we recover our reasonable costs from the liable party.
Personal guidance from start to finish
After a road accident a lot comes at you at once. You have to recover while also dealing with insurers, forms and medical processes.
We take that off your hands. You get:
- één vast aanspreekpunt,
- duidelijke uitleg in begrijpelijke taal,
- support at every stage of your letselschadezaak.
You can focus on your recovery; we look after your legal position.
Contact Arslan Advocaten
Have you been injured in a road accident caused by a breach of artikel 5 WVW? Do not hesitate to have your situation assessed.
Get in touch through our contact form. We are glad to help and will press for the compensation you are entitled to.
Frequently Asked Questions
What can I do if I am involved in a road accident caused by a breach of Article 5 RTA?
If you are involved in a road accident caused by a breach of Article 5 of the Road Traffic Act, our personal injury lawyers can help you recover your loss from the liable party. Where liability is established, our costs are recovered from the party who caused the accident, so in most cases our help costs you nothing.
What is the difference between Article 5 and Article 6 of the Road Traffic Act?
Article 5 is aimed at preventing danger and obstruction on the road, whereas Article 6 concerns situations where serious injury or death is caused through fault. Article 5 is a regulatory offence; Article 6 is a criminal offence carrying heavier penalties.
What counts as dangerous behaviour under Article 5?
Dangerous behaviour under Article 5 includes tailgating, driving with a phone in your hand, running a red light or driving under the influence. The provision is flexible and can cover many forms of dangerous road behaviour.
What are the consequences of breaching Article 5?
A breach of Article 5 can lead to a traffic fine, criminal prosecution and civil liability for any loss caused. It can also result in a driving ban or an entry on your criminal record.
