Exceptions to the 50% Rule in Personal Injury Cases in Rijswijk
In Rijswijk, the 50% rule has important exceptions, especially in accidents at busy places such as Generaal Spoorlaan or around Innenkwartier. Discover when you can still claim compensation despite your own liability of 50% or more.
Although Article 6:106 of the Dutch Civil Code (BW) is strict, there are exceptions to the 50% rule, relevant for victims in Rijswijk. In cases of force majeure, such as sudden weather conditions on the N442, or if the counterparty acted recklessly, the court in The Hague may deviate. Also in cases of minor traffic violations in residential areas such as Patrimonium or for vulnerable road users such as children on their way to schools in Rijswijk, a milder application often applies.
When Does an Exception Apply in Rijswijk?
A common exception is in cases of professional liability, for example if your employer was negligent with safety regulations on industrial estates near Rijswijk. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors in hospitals such as HagaZiekenhuis, which serves many Rijswijk residents, the court takes individual circumstances into account, even in cases of own non-compliance.
Example: Children and Young People in Rijswijk
A 14-year-old cyclist ignores a stop sign near Rijswijk Stadium (50% fault), but the motorist is distracted and not paying attention. Courts often apply the rule leniently due to age and local traffic congestion, resulting in partial compensation for medical costs and non-pecuniary damages.
Advice: Gather evidence of exceptions, such as witness statements from Rijswijk, and engage a local personal injury lawyer in The Hague to claim your rights before the subdistrict court.