Has your child been hit by a car, a cyclist or a racing cyclist? You may be able to claim compensation, even if your child stepped into the road unexpectedly or made a mistake in traffic. The rules depend primarily on your child's age and the type of vehicle involved.
Children receive special protection when they are injured by a car or another motor vehicle. Different rules apply if your child is hit by an ordinary bicycle. For parents, this distinction matters when injuries affect their child's education, everyday life or long-term development.
Can a child who has been hit in traffic claim compensation?
In many cases, yes. Special protections apply when a child is injured as a pedestrian or cyclist in a collision with a motor vehicle. For children under 14, the loss is generally compensated in full, except in highly unusual circumstances. From the age of 14, different rules apply. An accident involving only bicycles or other non-motorised road users must be assessed separately.
Child injured in a road accident: what does Dutch law say?
Children are particularly vulnerable in traffic. They may struggle to judge speed and distance and can act unpredictably. Drivers must take this into account, particularly in places where children are likely to be present.
Section 185 of the Dutch Road Traffic Act (Wegenverkeerswet 1994) is important when a motor vehicle collides with a cyclist or pedestrian. Dutch case law also provides additional protection for children. Not all accidents are assessed in the same way, however: an accident involving a car differs legally from a collision with another cyclist.
Strong protection in accidents with motor vehicles
If a child under 14 is struck by a motor vehicle while walking or cycling, their losses are generally compensated in full. Exceptions for intentional conduct or recklessness bordering on intent are extremely rare.
Minimum protection and an assessment of fault
From the age of 14, at least 50% of the damage will generally be compensated following a collision with a motor vehicle, provided the motor vehicle owner or keeper cannot establish force majeure and the other legal conditions are met. Whether more is payable depends on the facts and any contribution to the accident.
These age-related rules do not apply to every collision
The well-known 100% and 50% rules concern collisions involving a motor vehicle and a non-motorised road user, such as a child walking or cycling. Liability for a collision between two ordinary cyclists is assessed differently.
Child hit by a car
A child may be struck by a car while crossing the road, cycling to school or playing near a street. When the child is a pedestrian or cyclist, Section 185 of the Dutch Road Traffic Act provides special protection. The car driver does not necessarily have to have committed a traffic offence for the owner or keeper to be liable.
What if your child suddenly ran into the road?
Young children sometimes behave unexpectedly. A toddler may step out from between parked cars; a schoolchild may overlook an approaching vehicle. For children under 14, such behaviour generally does not remove the right to compensation following a collision with a motor vehicle. Their losses are normally compensated in full, subject to extremely limited exceptions.
For children aged 14 or over, contributory negligence may affect the proportion paid. Nevertheless, the 50% rule generally provides protection where Section 185 applies and force majeure cannot be established.
Which circumstances matter?
Keep as much evidence as possible about how the accident happened. Even if the special protection rules apply, these details may matter when resolving the claim.
- Where your child was crossing or cycling
- The motor vehicle's speed
- The driver's visibility
- Traffic lights, crossings and priority rules
- Vehicle positions and any braking marks
- Statements from witnesses
- Photographs or CCTV footage
- Damage to the vehicle, bicycle and belongings
If your child was cycling at the time, see our information about compensation after being hit by a car while cycling.
Child hit by a car while walking
A child walking along or crossing a road also benefits from the protective rules for non-motorised road users if struck by a motor vehicle. This may involve a child on a zebra crossing, stepping out between parked cars or unexpectedly entering the road while playing.
Drivers must allow for the possibility of unpredictable behaviour by children. A young child's actions should not simply be judged by the standards applicable to an adult pedestrian.
More about these rules is available on our page about pedestrians hit by a car.
Child hit by a cyclist or racing cyclist
If your child is hit by an ordinary cyclist, someone riding a regular e-bike or a racing cyclist, the special 100% rule under Section 185 does not automatically apply. Without a motor vehicle, the question is whether the other road user acted negligently or unlawfully and thereby caused the injury.
When is a cyclist liable for hitting a child?
A cyclist may be liable if they failed to pay attention, travelled too fast for the surroundings or did not brake when a child was visibly entering their path. The presence of a school, playground or busy cycle lane can be relevant.
Priority rules are not the only consideration. Your child's age, visibility, speed, the room available to avoid the collision and the conduct of both parties all matter. Where both contributed, the rules on contributory negligence may apply.
What if a cyclist hits a toddler?
A toddler may suddenly step onto a cycle path. Cyclists must act carefully where small children can be expected, but they are not automatically liable for every collision. The special protection a toddler receives when struck by a car does not automatically carry over to an accident with an ordinary bicycle.
Record the location, the cyclist's approximate speed and any witnesses. Have any injuries medically assessed and recorded. These details can be important if liability is disputed.
Who pays compensation if a cyclist injures a child?
If the cyclist is liable, their personal liability insurance (aansprakelijkheidsverzekering voor particulieren, or AVP) may cover the claim. Not every cyclist has such insurance, and cover depends on the policy and circumstances. Without cover, the person responsible may have to pay the damages themselves.
A regular electrically assisted bicycle with pedal assistance up to 25 km/h is generally treated as a bicycle. Speed pedelecs and mopeds are subject to different rules, which can affect the liability assessment.
If the cyclist left the scene, collect witness details, possible camera footage and an accurate description of the bicycle and rider as soon as possible.
Hit while crossing
The crossing location, visibility, vehicle speed and road layout can affect liability.
Hit while cycling
A collision with a motor vehicle is governed by different rules from a collision between ordinary bicycles.
Hit near a school
Drivers and cyclists must adapt their speed and behaviour where children are likely to be present.
What should you do immediately after the accident?
Your child's health comes first. At the same time, details recorded soon after the accident can be essential to a later compensation claim.
- Seek medical attentionCall emergency services for serious injuries. Have continuing or worsening symptoms checked by a doctor.
- Record the other party's detailsObtain their name, contact details, vehicle registration and insurance information where applicable.
- Photograph the sceneDocument vehicles, the bicycle, traffic signs, damaged clothing and anything that obstructed visibility.
- Contact witnessesIndependent accounts may be vital if there is a later dispute about what happened.
- Keep damaged itemsDo not immediately discard a bicycle, helmet, glasses, clothing or phone that may help document the impact.
- Keep a record of symptomsNote medical appointments, pain, sleep problems, missed school and changes in behaviour or everyday functioning.
What losses can be compensated?
There is no standard compensation amount for a child injured in traffic. The recoverable losses depend on the injury, recovery and effects on the child's present and future life.
- Medical expenses not reimbursed elsewhere
- Physiotherapy, rehabilitation or psychological support
- Travel to doctors and treatment centres
- Damaged clothing, glasses, phone or bicycle
- Additional support at school
- Domestic help and personal care
- Extra care provided by parents or others
- Delays in education or development
- Future loss of earnings due to permanent limitations
- Compensation for pain and suffering
- Other reasonable accident-related expenses
Our page on personal injury compensation for children covers the broader consequences of injuries suffered by minors.
Compensation for a child's pain and suffering
Under Dutch law, smartengeld compensates non-financial harm such as pain, distress, scarring, limitations and the loss of activities that matter to a child.
The amount depends on the severity of the injuries, the recovery period, the child's age and any permanent consequences. There is no fixed amount payable simply because a child was hit in traffic.
Additional care and loss of income for parents
After an accident, parents may have to provide additional care, such as assistance with washing and dressing, travel to treatment, reassurance after distressing experiences or supervision at home.
Not every hour of care or loss of parental income is automatically recoverable. Reasonable care costs and other losses may be included depending on the circumstances and must be documented and assessed carefully.
Some injuries become apparent only later
It can be difficult to assess the lasting consequences of an injury in childhood. Young children may struggle to describe symptoms, and the effects on learning, concentration, mobility or social development may become clearer as they grow older.
For this reason, caution is needed before agreeing to a final settlement. A quick payment may appear attractive but could leave future losses unaddressed.
Do not settle too early
Where long-term effects remain uncertain, it may be sensible to obtain a clearer medical prognosis or make arrangements for losses that cannot yet be assessed.
Who makes a compensation claim on behalf of a child?
A minor cannot generally manage and settle a personal injury claim independently. Parents or legal guardians act on the child's behalf and must protect the child's interests.
Special requirements may apply to the management or payment of compensation awarded to a minor. These depend on the circumstances and may involve court approval or restrictions on access to the money.
How can Sparta Legal help after a child's road accident?
Sparta Legal investigates liability and determines which insurer or other party should be approached. We then assess the medical, practical and financial consequences of the accident.
Depending on the case, we can help with:
- Reviewing accident evidence and liability
- Holding the responsible party or insurer liable
- Obtaining witness accounts and police records
- Following medical recovery and development
- Identifying losses affecting your child and family
- Discussing advance payments of compensation
- Avoiding an unnecessarily early final settlement
- Negotiating with the responsible insurer
The child's recovery and future development remain central throughout the claim, including any reasonable future losses that can be established.
Has your child been hit in traffic?
Have the liability and potential compensation assessed carefully. We can explain your child's legal position, how to deal with the insurer and what evidence is needed.
Discuss your caseFrequently asked questions about children injured in traffic
Does a child under 14 always receive 100% compensation?
When a child under 14 is injured as a cyclist or pedestrian in a collision with a motor vehicle, compensation is generally payable in full. Very rare exceptions concern intentional conduct or recklessness bordering on intent.
What if my child is 14 or older?
In collisions with motor vehicles, the 50% rule generally applies if the relevant legal conditions are met and force majeure has not been established. A higher percentage may be payable depending on the circumstances.
Does the 100% rule apply if a cyclist hit my child?
Not automatically. This special rule concerns accidents involving motor vehicles. Liability for collisions with ordinary cyclists depends on negligence and the facts of the accident.
What if my child unexpectedly stepped into the road?
That does not automatically defeat a compensation claim, particularly for younger children struck by motor vehicles. The circumstances must still be assessed.
Which losses incurred by parents may be recoverable?
Reasonable costs of additional care, travel and assistance may be recoverable in certain cases. Loss of parents' earnings requires separate assessment and is not automatically compensated in full.
What if symptoms appear weeks or months later?
Have new symptoms recorded medically and report them to your legal representative. Effects on schooling and development may only become apparent over time.
Do I have to accept the insurer's first offer?
No. Particularly where recovery is ongoing or future consequences are uncertain, have the proposed settlement reviewed before accepting it.
Who is liable if a cyclist hits a toddler?
The cyclist is not automatically liable, but may be responsible if they failed to take reasonable care. The toddler's age, location and the exact circumstances are relevant.
Will the cyclist's insurance pay for my child's injuries?
If the cyclist is liable, their personal liability insurance may cover the loss, depending on the policy and circumstances.
Which documents should I keep?
Keep the accident report, photographs, witness details, medical correspondence, receipts, travel expenses, school records and a record of symptoms and additional care.
