Fatbikes have become increasingly popular in recent years. With their rugged appearance and thick tyres, they were originally designed for rough terrain, but nowadays we see them more and more on public roads. However, the rise of the fatbike is also accompanied by an increase in accidents and personal injury. If you suffer personal injury as a result of an accident with a fatbike, it is important to know who is responsible for compensation. In this article, we explain how liability works in accidents involving a fatbike, and where you can turn to for legal assistance.

What is a Fatbike and how does the Road Traffic Act view these Bikes?

A fatbike is essentially an e-bike with extra thick tyres, making it stable on rough terrain. In the Netherlands, a fatbike is considered a vulnerable road user, similar to a regular bicycle, provided it meets the following characteristics:

• The fatbike has electric pedal assistance.
• The maximum speed is limited to 25 km/h.
• The motor has a maximum power of 250 watts.
• You must continue pedalling to move forward.

If your fatbike meets these requirements, the protection of the law for vulnerable road users applies, just like with a regular bicycle. This means that if you are hit by a motor vehicle, the insurer of the motor vehicle is often responsible for compensating damage, even if you have made a traffic error.

Fatbikes with More Power: Strong Road Users

There are also fatbikes that have been tuned or designed with more power and a higher maximum speed, up to 45 km/h. These fast fatbikes are equated with motor vehicles by law, such as scooters and mopeds. If you have an accident with a tuned fatbike, it is considered a stronger road user. This means that you are required to have third-party insurance, wear a helmet, and have a moped licence.

Liability in Accidents with a Fatbike

In the event of an accident with a fatbike, liability depends on who made the traffic error and what type of vehicle was involved in the accident:

1. Accident between a fatbike and a motor vehicle: If you as a fatbiker are involved in an accident with a car or moped, you as a vulnerable road user are usually at an advantage. In most cases, the driver of the motor vehicle will be responsible for compensating your personal injury, even if you have made an error yourself. This is because the law gives extra protection to vulnerable road users.

2. Accident between two electric bicycles: In an accident between two electric bicycles, including fatbikes, the question of who made the traffic error is decisive. The party that does not give priority or makes another error will be responsible for the damage.

3. Accident between a fatbike and a speed bike (speed pedelec): When a fatbike is involved in an accident with a speed pedelec (a bicycle that can reach up to 45 km/h), the speed pedelec is equated with a motor vehicle. In this case, the fatbike is protected as a vulnerable road user.

What to Do after an Accident with a Fatbike?

It can be complicated to prove the exact course of an accident, especially if liability is disputed. We recommend that you take the following steps immediately after the accident:

• Take note of witnesses: Collect the names and contact details of any witnesses.
• Take photos or videos: Document the situation, damage and any traffic signs.
• Request camera footage: If there is CCTV surveillance nearby, request the footage as soon as possible.
• Involve the police: Especially if there is alcohol or drug use, or when there is a dispute about the cause of the accident.

Legal Assistance in Personal Injury

In case of personal injury as a result of an accident with a fatbike, it is highly recommended to seek legal assistance. A specialised personal injury lawyer can help you determine liability and calculate the damage. At Arslan & Arslan Lawyers, we offer free legal assistance for victims of personal injury. Our experts will assist you in claiming compensation, including pain and suffering and material damage.

What we can do for you:

• Determine liability.
• Negotiate with the other party’s insurer.
• Arrange an advance on your compensation.
• File a full personal injury claim.

Free Help with Personal Injury

Have you suffered personal injury due to an accident with a fatbike or have you been hit by a fatbike? Please contact Arslan & Arslan Lawyers. We provide you with free legal aid in reclaiming your personal injury. Our team of experienced personal injury lawyers is ready to help you claim the compensation you are entitled to.

Feel free to contact us for a no-obligation consultation. We are happy to help!