If you are a pedestrian struck by a car, your life is often immediately turned upside down. The accident usually happens unexpectedly: while crossing the road, in a parking lot or at a driveway. This not only causes physical complaints, but also concerns about liability, compensation and your future.
In this extensive article we therefore explain step by step what your rights are if you, as a pedestrian, have been struck by a car. You will also read who is liable, what damages you can claim and which steps you should take immediately to avoid problems with the insurer.
Why pedestrians are given extra protection
The law regards a pedestrian as a vulnerable road user. That means you receive extra protection in the event of a traffic accident involving a motor vehicle, such as a car. The legislator arranged this deliberately, because a pedestrian can hardly protect himself against the force of a car.
Special protective rules apply to pedestrians in the event of an accident with a motor vehicle. The current explanation from the Juridisch Loket clarifies that compensation for a pedestrian aged 14 or older is in principle at least 50% and that younger children receive further protection. The outcome remains dependent on the facts and any force majeure.
Who is liable when a pedestrian is struck by a car?
When a pedestrian is struck by a car, the driver is in most cases liable. The law makes a distinction based on the age of the victim.
Pedestrian younger than 14 years
For a pedestrian younger than 14 years, full compensation generally applies. According to the public explanation of the Juridisch Loket, this can be deviated from if the driver proves that the child intentionally caused the accident.
Pedestrian aged 14 or older
For a pedestrian aged 14 or older, at least 50% compensation generally applies. The further allocation may depend on the circumstances, any contributory negligence and force majeure.
The driver can under certain circumstances invoke force majeure. Whether this is the case is assessed on the basis of the concrete circumstances.
Common situations in which a pedestrian is struck
In our personal injury practice we regularly see that a pedestrian is struck by a car in the following situations:
- while crossing on 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 phone use;
- in poor visibility due to rain or darkness.
What should you do if you are a pedestrian who has been struck by a car?
Many people wonder: what should I do if I am a pedestrian who has been struck by a car? The initial steps are particularly important 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. Afterwards you avoid problems by obtaining legal advice in time.
- seek immediate medical assistance;
- note the details of the driver and the insurer;
- collect contact details of witnesses;
- take photos of the situation and your injuries;
- file a report or have a police report drawn up;
- engage legal assistance.
You can also find more general explanation on our page about personal injury after a traffic accident.
Who pays the damage when a pedestrian is struck?
Who pays the damage depends on liability, the insurance involved and the facts of the accident. Often the damage is handled via a liability (WA) insurer, but that is not an automatic outcome in every file.
Even when the insurer claims that you are partially 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 has been struck by a car you can claim various heads of damage. This concerns not only costs you have already incurred, but also future damage.
Material damage
- medical expenses and deductible;
- travel and parking expenses;
- household help;
- damage to clothing and personal belongings.
Loss of income
If you are temporarily or permanently unable to work, income loss often arises. In addition, there may be loss of earning capacity when you are structurally able to work less.
Compensation for pain and suffering (smartengeld)
In addition, you may be entitled to compensation for pain and suffering (smartengeld). This compensation covers pain, grief and loss of enjoyment of life. More explanation can be found on our page compensation for pain and suffering in personal injury cases.
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 review each case individually.
Evidence: what is important in a personal injury claim?
Evidence plays a central role in personal injury cases. Think, for example, 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 (statute of limitations): 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; therefore have this assessed in time.
Is a lawyer necessary if a pedestrian is struck?
Although you are not obliged to engage a lawyer, legal guidance often proves necessary in practice. Insurers have experienced lawyers at their disposal. Without help you therefore run the risk that heads of damage are missed or valued 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 cover, the agreements made and the circumstances of the file. Have in advance clearly recorded which costs and recovery options are relevant.
Why choose Arslan Advocaten?
We handle cases every day in which a pedestrian struck 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
- Article 5 Road Traffic Act (WVW) and liability in traffic accidents
- Non-material damage: when are you entitled to compensation for pain and suffering?
Frequently asked questions
What are my rights if I am a pedestrian who has been struck by a car?
In an accident involving a motor vehicle, special protective rules apply to pedestrians. Which compensation can be claimed depends, among other things, on age, the circumstances, any contributory negligence, force majeure and insurance coverage. Record injuries and the accident as thoroughly as possible.
Who is usually liable in a collision with a pedestrian?
For a pedestrian younger than 14 years, full compensation generally applies, except in cases of intentional causation. From age 14, in principle at least 50% compensation applies. Further assessment depends on the facts and any force majeure.
What should I do immediately after I am struck as a pedestrian?
If necessary, seek medical help, record complaints and the accident situation, collect details of the driver and witnesses and have assessed which insurer or counterparty can be approached.
In which situations are pedestrians commonly struck?
Collisions can, for example, occur when crossing, in parking lots, at driveways or in limited visibility. Liability is determined not only by the location, but by the full circumstances.
