As a pedestrian, you are often the most vulnerable when you are hit. The consequences of such an accident—whether it happens at a zebra crossing, while crossing, or on the sidewalk—can range from minor injuries to very serious harm. In this emotionally and physically demanding period, it is important to know that Dutch law offers you extra protection as a vulnerable road user.
In this in-depth article, the personal injury lawyers at Arslan Advocaten explain your rights after a collision, how statutory liability works, and which essential steps you should take to claim maximum compensation. Our goal is to give you complete certainty about your legal position so you can focus on your recovery.
The Law Protects the Pedestrian: Artikel 185 Wegenverkeerswet
The legal basis for protecting pedestrians lies in Artikel 185 van de Wegenverkeerswet (WVW). This provision was drafted specifically to offset the inequality in force between a motor vehicle (cars, motorcycles, trucks) and an unmotorised road user (pedestrians and cyclists).
The Principle of Strict Liability
Artikel 185 WVW provides that the owner or keeper of the motor vehicle is, in principle, always liable for the damage caused by a collision with a pedestrian. This is called strict liability. The pedestrian therefore does not have to prove that the driver made a mistake; the mere fact of the collision with the motor vehicle is enough to establish liability.
The Key Exception: Force Majeure
The only way the motorist can avoid liability is by demonstrating that there was a case of force majeure. This is a very high threshold. In case law, force majeure is only accepted if the driver cannot legally be blamed at all and the pedestrian’s mistake was so unexpected that the driver could not possibly have avoided it. In practice, force majeure is almost never accepted.
The 50% and 100% Rules: Your Right to Compensation
Even if it is established that you, as a pedestrian, made a traffic error, you are still entitled to substantial compensation.
The 50% Rule (Contributory Fault)
If you, as a pedestrian, make a traffic error (for example, crossing outside a zebra crossing or crossing on red), you are still entitled to at least 50% of your total personal injury damages to be compensated. This is a fixed rule, the so-called fairness correction.
The remaining 50% of the damage is apportioned based on the extent to which each party’s mistakes contributed to the occurrence of the accident. Our personal injury lawyers negotiate this to ensure that you receive more than 50%.
The 100% Rule (Young and Older Pedestrians)
Protection is maximal for:
- Pedestrians Under 14 Years of Age: If a child under 14 is hit, they are always entitled to 100% compensation, regardless of the child’s mistake.
- Pedestrians at a Zebra Crossing: When you are hit as a pedestrian at a zebra crossing, you are almost always entitled to 100% compensation, because the driver is obliged to give you right of way.
What to Do: Step-by-Step Plan Right After the Collision
Acting correctly immediately after the accident lays the foundation for your successful claim. Follow this plan:
1. Priority: Medical Documentation
Always, even with minor symptoms, go straight to a doctor or the hospital. Make sure the doctor records precisely in your file how the accident happened and what symptoms you have. Without solid medical documentation, it will be difficult later to prove the causal link with the personal injury as a pedestrian.
2. Collect Essential Evidence
- Details: Note the license plate, the driver’s name, address, and insurance details.
- Witnesses: Ask bystanders who saw the accident for their contact details.
- Photos: Take photos of the accident location, the damage to the vehicle, and visible injuries.
- Police: Report the accident to the police.
3. Instruct a Specialised Personal Injury Lawyer
Get legal help as soon as possible. The other party’s insurer will contact you quickly, but it is essential that your interests are represented by an independent specialist.
Claim: What Personal Injury Damages Are Compensated?
If you suffer personal injury as a pedestrian, you are entitled to compensation for all damage, both material and non-material.
| Type of damage | Explanation |
|---|---|
| Medical expenses | Deductibles, costs for non-insured treatments, and physiotherapy. |
| Loss of earning capacity (VAV) | The income you miss because your injuries mean you (temporarily) cannot work or can work less. Read more on our page about loss of earning capacity. |
| Pain and suffering | Compensation for non-material damage: pain, anxiety, psychological complaints, and reduced enjoyment of life. |
| Household assistance costs | The costs of the help you now need because you can no longer perform your household tasks yourself. |
| Third-party costs | Travel costs (to doctors), extra childcare, or other expenses you would not have incurred without the accident. |
For a complete overview of all possible heads of damage and how we map these out for you, please visit our main page on personal injury.
Pedestrian Hit by a Cyclist or Scooter
Artikel 185 WVW applies specifically to collisions with motor vehicles. What if, as a pedestrian, you are hit by a cyclist, an electric scooter, or a (cargo) bike?
In this situation, the general liability rule from the Burgerlijk Wetboek (artikel 6:162) applies. The liability of the cyclist/scooter rider is based on fault (tort).
However, even in these situations, the pedestrian is still considered the weaker party. If the claim becomes difficult, we can often fall back on the principle of the fairness correction, which usually results in the pedestrian receiving a substantial award, ranging from 50% to 100%. Recovering damages after a collision with a cyclist requires specific expertise.
Legal Assistance from Arslan Advocaten for Personal Injury
Claiming personal injury as a pedestrian can be a lengthy and complex process. Our experienced personal injury lawyers take over the entire process so that you can fully focus on your recovery.
Costs of Our Services:
Our services are free of charge for clients, because the costs are fully recovered from the liable party (the motor vehicle’s insurer). With Arslan Advocaten you are assured of specialised legal assistance without financial worries.
Frequently asked questions
What should I do if I am involved in a collision as a pedestrian?
You should seek help immediately, take a photo of the situation, and contact the police. It is also important to have your injuries assessed and to contact a personal injury specialist.
Am I insured for damage as a pedestrian after a collision?
Yes, in the Netherlands the owner of the motor vehicle is liable for the damage, unless there is force majeure. You can therefore usually claim compensation from the motorist’s insurer.
How is compensation determined after a collision as a pedestrian?
The compensation is determined based on the actual damage and the degree of fault. In personal injury cases, factors such as medical expenses, loss of income, and non-material damage are also considered.
Am I entitled to full compensation if I am involved in an accident as a pedestrian?
Not always, because the 50% rule provides that you receive at least 50% of the damage in cases of contributory fault, unless you are under 14 years of age or there is force majeure. Young children are entitled to full compensation.
Read also: Calculating personal injury after a traffic accident: all damage items explained
📖 Read also: Personal injury after a car accident: the complete guide to compensation
