Protection of Cyclists in Traffic Law in Rijswijk
In Rijswijk, a bike-friendly municipality near The Hague, traffic law offers extra protection to cyclists as vulnerable road users. Busy cycle paths and intersections along Prinses Beatrixlaan are subject to a priority rule favoring cyclists over motorized traffic. These provisions under the Road Traffic Act assist Rijswijk residents in claiming personal injury compensation after accidents.
What does cyclist protection in Rijswijk entail?
Cyclists in Rijswijk are regarded as vulnerable road users in traffic law, lacking the safety of a car and often less visible in heavy traffic. The legislator has introduced measures to prevent accidents and compensate for damage. This article highlights these rules, with a focus on injury claims, and refers to our guide on personal injury for cyclists hit by vehicles. Hundreds of cycle accidents are reported annually in Rijswijk, mostly involving cars, where prevention, liability, and compensation are key. Crucial is the reversed burden of proof: in collisions with motor vehicles, the driver must prove they are not at fault.
Legal basis for cyclists in Rijswijk
Protection is based on the Road Traffic Act 1994 (WVW) and the Road Traffic Signs and Regulations 1990 (RVV). Key provisions:
- Article 5 WVW: Motor vehicles must exercise extra caution toward cyclists on Rijswijk roads.
- Article 11 RVV: Cyclists have priority on cycle paths and at crossings.
- Article 6:162 BW (ex Article 185 WVW): Strict liability for car drivers in accidents with cyclists.
- Article 185(1) WVW: In collisions with a motor vehicle, the driver is primarily liable unless proven otherwise.
The Civil Code (BW), particularly Article 6:95 BW, governs damage claims. Supreme Court rulings, such as the 'Traffic Light judgment' (1985), affirm cyclist priority. The same standards apply to e-bikes in Rijswijk; mopeds (max. 25 km/h) require helmets for youths under 18.
Practical examples from Rijswijk and surrounding areas
A cyclist on the priority cycle path at Godfried Bomanslaan is hit by a car ignoring a stop sign. Under Article 11 RVV, the motorist must yield. The cyclist claims compensation for injuries, such as medical costs and lost income. In 2023, the Rijswijk District Court ruled a driver 100% liable for failing to notice the cyclist, despite minor speeding.
When overtaking on Van Vlotenlaan, Article 12 RVV requires a 1.5-meter distance. Overtaking too closely causes falls with reversed burden of proof. A Rijswijk cantonal judge awarded €15,000 for a fracture. For young cyclists, the WVW provides extra safeguards; parents can claim via the Municipality of Rijswijk or authorities.
Rights and obligations of cyclists in Rijswijk
Cyclists in Rijswijk have rights and obligations:
| Rights | Obligations |
|---|---|
| Priority on cycle paths and shark-tooth markings. | Lights and reflectors after sunset (Article 5:53 RVV). |
| Compensation for injury and non-material damage caused by others. | No alcohol/drugs (Article 8 WVW). |
| Priority in collisions with motor vehicles. | No cycling on sidewalks (Article 5:2 RVV), except exceptions. |
| Assistance via The Juridisch Loket Rijswijk or injury insurance. | Helmet strongly recommended. |
Claims also cover psychological injury such as trauma. Violations reduce payouts, e.g., 30% for running a red light.
Frequently asked questions about cyclist protection in Rijswijk
Am I as a Rijswijk cyclist always protected against cars?
No, if you are at fault, such as running a red light, liability may be shared. The Rijswijk District Court assesses both sides.
Impact of not wearing a helmet on my claim?
No helmet requirement for adults, so usually no impact. Rarely considered contributory negligence.
How do I claim damages in Rijswijk?
Contact The Juridisch Loket Rijswijk immediately for free advice, or a personal injury lawyer. Report to police and Municipality of Rijswijk for documentation.