Pedestrians are among the most vulnerable participants in traffic and are therefore strongly protected by traffic law. If you have been hit by a car in Rijswijk, you are in a very favourable legal position.
Statutory Protection for Pedestrians
In accordance with article 185 of the Road Traffic Act, pedestrians, like cyclists, enjoy extra protection in traffic:
- The car driver is generally liable for the accident.
- 50% rule: You receive at least 50% of the compensation, even in case of partial fault.
- 100% rule: For children under 14 years old, 100% is always compensated.
- Force majeure is almost never accepted as an excuse for the motorist.
Common Accidents in Rijswijk
| Circumstance | Liability |
|---|---|
| Pedestrian on a zebra crossing | Motorist almost always fully liable |
| Sudden crossing | Motorist liable, but pedestrian's partial fault possible |
| Pedestrian on the carriageway (not crossing) | Motorist liable, often partial fault of pedestrian |
| Reversing car on a parking lot | Motorist responsible |
Partial Fault of Pedestrians
If there is partial fault, the compensation above 50% may be reduced. Some situations where this may apply:
- Suddenly stepping onto the road without looking.
- Crossing at a red traffic light.
- Crossing at a dangerous or obstructed location.
- Walking on the carriageway while a pavement is available.
- Being under the influence of alcohol or narcotics.
Common Injuries in Pedestrians
Due to the lack of physical protection, pedestrians often suffer serious injuries, such as:
- Head and brain injuries.
- Fractures in legs or arms.
- Damage to hips or pelvis.
- Internal injuries.
Claiming Compensation in Rijswijk
As a pedestrian, you can claim various types of damage, such as medical costs, loss of income, costs for household help, and non-pecuniary damage. Thanks to the 50% rule, you always receive at least half of the total compensation.
What to do if the motorist drives off after the accident?
File a report with the police in Rijswijk and try to find witnesses or camera footage. You can file a claim with the Motor Insurers' Guarantee Fund for compensation.Is reflective clothing mandatory for pedestrians?
No, this is not legally required. Not wearing reflective clothing is rarely considered partial fault, unless you were in an extremely dangerous place, such as a motorway or dark road outside built-up areas.Does the protection also apply in a collision with a cyclist?
No, the special protection under article 185 of the Road Traffic Act applies exclusively to accidents with motorised vehicles. In a collision with a cyclist, the standard liability rules apply.Frequently Asked Questions about Personal Injury in Rijswijk
What are the first steps after being hit as a pedestrian?
If injured, call 112 immediately and have the police in Rijswijk record the accident. Note the driver's and witnesses' details, take photos of the situation and seek medical help, even for minor complaints. Report the incident to your insurer and consider legal assistance via the Rijswijk Legal Desk or a lawyer. Keep all receipts and documents of incurred costs.
How long does it take to receive compensation?
This depends on the case. In cases of clear liability, the process may take a few months. In disputes over fault or injury, it may take more than a year. A personal injury lawyer can help speed up the process. If liability is established, you are entitled to an advance payment.
Can I claim non-pecuniary damage after being hit?
Yes, as a pedestrian you can claim non-pecuniary damage for pain, emotional harm and permanent limitations. The amount is determined by the severity of the injury and its impact on your life. In severe injuries, this can amount to tens of thousands of euros. An expert can help determine an appropriate amount.
What if the driver blames me?
Even in case of partial fault, you are entitled to at least 50% of the compensation thanks to the 50% rule. For children under 14, 100% compensation applies. The motorist must prove your fault, for example with witness statements or camera footage. Seek advice from a lawyer for a fair assessment.
Is a lawyer necessary for my personal injury claim?
In cases of serious injury or disagreement over liability, a lawyer is strongly recommended. A specialist knows the legislation, negotiates with insurers and maximises your compensation. Often, the costs are covered by the other party. For minor damages, you can take action yourself, but always first get informed about your rights, for example via the Rijswijk Legal Desk.
Can I claim costs for household help?
Yes, if you are unable to perform household tasks due to the accident, you can claim these costs from the liable party.