If you are hit by a car as a pedestrian, your life is often turned upside down. The accident usually happens unexpectedly: while crossing, in a car park or at a driveway. This causes not only physical complaints but also concerns about liability, compensation and your future.
In this comprehensive article we therefore explain step by step what your rights are if you have been hit by a car as a pedestrian. You will also read who is liable, which damages you can claim and which steps you must take immediately to prevent problems with the insurer.
Why pedestrians receive extra protection
The law regards a pedestrian as a vulnerable road user. This means you receive additional protection in an accident involving a motor vehicle, such as a car. The legislator has deliberately arranged this because a pedestrian can hardly protect themselves against the force of a car.
Special protective rules apply to pedestrians in an accident with a motor vehicle. The current explanation by the Juridisch Loket (public legal aid service) clarifies that compensation for a pedestrian aged 14 or over is in principle at least 50% and that younger children enjoy broader protection. The outcome remains dependent on the facts and any force majeure.
Who is liable if a pedestrian is hit by a car?
When a pedestrian is hit by a car, the driver is in most cases liable. The law distinguishes based on the age of the victim.
Pedestrian under 14 years
For a pedestrian under 14 years, full compensation generally applies. According to the public explanation of the Juridisch Loket, this may be deviated from if the driver proves that the child intentionally caused the accident.
Pedestrian aged 14 or over
For a pedestrian aged 14 or older, at least 50% compensation generally applies. The further apportionment may depend on the circumstances, any contributory negligence and force majeure.
The driver may, under certain circumstances, rely on force majeure. Whether this is the case is assessed on the basis of the concrete facts.
Common situations in which a pedestrian is hit
In our personal injury practice we regularly see pedestrians hit by cars in the following situations:
- while crossing at or near a zebra crossing;
- in parking lots where cars are reversing;
- at driveways or entrances of homes and shops;
- due to driver distraction, for example by mobile phone use;
- in poor visibility due to rain or darkness.
What should you do if you are hit by a car as a pedestrian?
Many people wonder: what should I do if I am hit by a car as a pedestrian? The initial steps are crucial for your personal injury claim.
Therefore always see a doctor and have your complaints recorded. It is also important that you collect as much information as possible about the accident. Then prevent problems by obtaining legal advice in good time.
- seek medical help immediately;
- record the driver’s and insurer’s details;
- collect contact details of witnesses;
- take photos of the situation and your injuries;
- report the incident or have a police report drawn up;
- involve legal assistance.
More general explanations can also be found on our page about personal injury after a traffic accident.
Who pays the damage if a pedestrian is hit?
Who pays the damage depends on liability, the insurances involved and the facts of the accident. Often the damage is handled through a WA-verzekeraar (liability insurer), but that is not an automatic outcome in every file.
Even when the insurer argues that you are partly at fault, there often remains a right to a substantial compensation. That is precisely why it is important not to accept an insurer’s initial position too quickly.
What damages can you claim after a collision?
After a pedestrian is hit by a car you can claim various items of damage. This concerns not only costs you have already incurred, but also future losses.
Material damage
- medical costs and excesses;
- travel and parking costs;
- domestic help;
- damage to clothing and personal belongings.
Loss of income
If you are temporarily or permanently unable to work, loss of income often occurs. There may also be loss of earning capacity when you can work less in a structural way.
Smartengeld
You may also be entitled to smartengeld (compensation for pain, suffering and loss of enjoyment of life). More explanation can be found on our page smartengeld in personal injury.
How much compensation does a pedestrian receive after a collision?
How much compensation you receive varies per situation. The amount depends, among other things, on the severity of the injury, the duration of recovery and the impact on your daily life. That is why we examine each case individually.
Evidence: what is important in a personal injury claim?
Evidence plays a central role in personal injury. Think of medical records, witness statements, photos and income data. Without good evidence, disputes with the insurer often arise. That is why we actively assist clients in collecting it.
Limitation: how long do you have to claim damages?
Legal limitation periods apply to a personal injury claim. Which period applies depends on the claim and the circumstances; have this assessed in good time.
Do you need a lawyer if a pedestrian is hit?
Although you are not obliged to engage a lawyer, legal guidance often proves necessary in practice. Insurers have experienced lawyers. Without help you risk missing items of damage or having them set too low.
Read more about this on our page personal injury lawyer.
Does legal assistance cost me money?
The costs of legal assistance depend on liability, the insurance coverage, the agreements made and the circumstances of the file. Have it clearly recorded in advance which costs and recovery options are at issue.
Why choose Arslan Advocaten?
We handle cases every day in which a pedestrian being hit by a car is central. That is why we know exactly how insurers work. We take the legal work off your hands while you can focus on recovery.
More general information about traffic safety can be found at the Rijksoverheid and Veilig Verkeer Nederland.
Unsure about your situation? Feel free to contact us for a no-obligation assessment.
Also read
- Personal Injury Lawyer Amsterdam | Free Assistance from Arslan Advocaten
- Article 5 Wegenverkeerswet (WVW) and liability in traffic accidents
- Non-pecuniary damage: when are you entitled to smartengeld?
Frequently asked questions
What are my rights if I am hit by a car as a pedestrian?
In an accident with a motor vehicle, special protective rules apply to pedestrians. Which compensation may be claimed depends, among other things, on age, the circumstances, any contributory negligence, force majeure and insurance coverage. Document injuries and the accident as thoroughly as possible.
Who is usually liable in a collision with a pedestrian?
For a pedestrian under 14 years, full compensation generally applies, except in cases of intentional causation. From 14 years old, at least 50% compensation generally applies. The further assessment depends on the facts and any force majeure.
What should I do immediately after being hit as a pedestrian?
If necessary, seek medical help, document injuries and the accident situation, collect driver and witness details and have assessed which insurer or opposing party can be approached.
In which situations are pedestrians often hit?
Collisions can occur, for example, when crossing, in parking lots, at driveways or in limited visibility. Liability is determined not only by the location but by the full circumstances.
