Liability Forfeiture in Cases of Gross Negligence for Personal Injury in Rijswijk
In Rijswijk, gross or intentional fault leads to complete forfeiture of your personal injury claim. When does this apply alongside the 50%-rule, especially on busy roads like the Prinses Beatrixlaan?
Art. 6:106(2) BW: in cases of gross negligence, the claim lapses entirely, even if you are less than 50% at fault. Intent excludes any compensation, also in local cases before the Rijswijk District Court.
Gross Negligence Defined in Rijswijk Context
In Rijswijk, with its cycle paths along the Van Vlietzone and busy shopping streets, drunk cycling, irresponsible smartphone use while driving, or dangerous driving behavior at the A4 junction qualifies as 'consciously ignoring risk'. The subdistrict judge in The Hague handles many of these Haaglanden cases.
Example: Drunk Cyclist in Rijswijk
A cyclist with 2 promille alcohol crashes on the Juliana van Stolberglaan and causes injury: gross negligence established, claim fully rejected despite 40% fault of a motorist from the In de Bollenstreek neighborhood.
Example: Speed Demon on Rijswijk Roads
Speeding driver ignores 30 km/h limit in the Patrimonium residential area and collides: court rules gross negligence, no compensation despite partial fault of the other party.
The judge assesses each case individually, taking into account local circumstances such as traffic congestion around Rijswijk station. Appeal is possible to the Court of Appeal in The Hague.