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 Victim Support Netherlands information for victims.
Have you been involved in a traffic accident and suffered injuries? If so, you may be able to claim compensation. A common basis for pursuing personal injury damages is Article 5 of the Road Traffic Act. This article states that it is prohibited to cause danger or obstruct traffic, which forms the basis for many liability claims after traffic accidents.
In this article, you will read everything about claiming compensation for personal injury based on Article 5 of the Road Traffic Act, and we answer important questions such as:
- What does Article 5 of the Road Traffic Act entail?
- Who is at fault in a collision?
- What should you do after a collision?
- What personal injury damages can you claim?
- How can a personal injury lawyer assist you free of charge?
Article 5 Road Traffic Act
Article 5 of the Road Traffic Act is designed to ensure road safety. The article states:
“It is prohibited for anyone to behave in such a manner that danger on the road is caused or may be caused, or that traffic on the road is obstructed or may be obstructed.”
In other words, all road users must adhere to the traffic rules to prevent accidents and dangerous situations. For example: failing to give right of way or keeping an insufficient distance can lead to dangerous situations and thus liability in the event of an accident. When someone else does not comply with these rules and a traffic accident occurs as a result, you can hold this person liable for your personal injury.
Who is at fault in a collision?
After a collision, the most important question is who is liable for the accident. This determines whether you are entitled to compensation. In most cases, the person who caused the accident is the party that acted negligently.
In a rear-end collision for example, the driver of the rear vehicle is usually at fault, unless there is a sudden, unexpected maneuver by the front car, such as braking unnecessarily or changing lanes without looking. In that case, the fault may lie with the front driver.
Our personal injury lawyers help you determine who is at fault and hold the responsible party liable.
What to do after a collision?
After a collision, it is important to act quickly and appropriately. This not only helps safeguard your own health, but also helps prove your personal injury claim. Below you will find a step-by-step plan you can follow after a traffic accident:
- Always complete an accident report form, even in a bicycle accident or as a pedestrian.
- Ask witnesses for a statement and record their contact details.
- Take photos of the scene, the vehicles, and any damage.
- Call the police in serious accidents or if there is disagreement about who is at fault.
- See a doctor as soon as possible and have your injuries documented.
- Immediately engage a personal injury lawyer for legal assistance.
What personal injury compensation can you claim?
Once liability has been acknowledged, you are entitled to compensation. The amount of this compensation depends on the nature and severity of your injury and the impact on your daily life. The following types of damages may be compensated:
- Loss of income due to incapacity for work.
- Medical expenses, including future treatments.
- Travel expenses to doctors and therapies.
- Costs for household help if you cannot perform your household tasks yourself due to the injury.
- Pain and suffering for the emotional and physical impact of the accident.
- Loss of DIY capacity for activities you used to do yourself, such as home and garden maintenance.
Free legal assistance for personal injury
At Arslan Advocaten Lawyers, we understand that a traffic accident can have a major impact on your life. Our personal injury lawyers are happy to help you recover your compensation, entirely free of charge! We ensure that the responsible party or its insurer pays all your costs, including our legal assistance.
Would you like a claim compensation or do you have questions about your rights after an accident? Contact us today. We will act immediately on your behalf!
Frequently Asked Questions
What does Article 5 of the Road Traffic Act cover?
Article 5 prohibits causing danger or obstructing traffic on the road, aiming to ensure safety for all road users. Violating this rule can lead to liability if an accident occurs as a result.
How do I determine who is at fault after a traffic accident?
Fault is usually assigned to the party that acted negligently, such as the driver who caused a rear-end collision, unless there are exceptional circumstances. Our lawyers can help identify the responsible party in your case.
What steps should I take immediately after a traffic accident?
You should complete an accident report, gather witness statements and photos, seek medical attention, and contact a personal injury lawyer promptly to protect your rights and support your claim.
What types of personal injury damages can I claim under Article 5?
You may be entitled to compensation for medical expenses, pain and suffering, and other damages related to your injuries, once liability is established in accordance with the Road Traffic Act.
