{"id":2206,"date":"2020-08-04T09:27:18","date_gmt":"2020-08-04T09:27:18","guid":{"rendered":"https:\/\/spartalegal.nl\/?post_type=sparta_kb&#038;p=2206"},"modified":"2026-10-23T12:31:42","modified_gmt":"2026-10-23T12:31:42","slug":"hit-by-a-car-as-a-cyclist-or-pedestrian-can-you-claim-compensation","status":"publish","type":"sparta_kb","link":"https:\/\/spartalegal.nl\/en\/kennisbank\/hit-by-a-car-as-a-cyclist-or-pedestrian-can-you-claim-compensation\/","title":{"rendered":"Hit by a Car as a Cyclist or Pedestrian: Can You Claim Compensation?"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-post\" data-elementor-id=\"2206\" class=\"elementor elementor-2206 elementor-2065\" data-elementor-post-type=\"sparta_kb\">\n\t\t\t\t<div class=\"elementor-element elementor-element-3457463 e-flex e-con-boxed e-con e-parent\" data-id=\"3457463\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-6284c26 elementor-widget elementor-widget-html\" data-id=\"6284c26\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"html.default\">\n\t\t\t\t\t\n<style>\n\/* Sparta Legal - EN cyclist and pedestrian article *\/\n.sl-verkeersrecht {\n  --sl-navy: #253575;\n  --sl-text: #30343d;\n  --sl-soft: #f3f6f9;\n  --sl-border: #dce4ee;\n  color: var(--sl-text);\n  font-family: inherit;\n  line-height: 1.75;\n}\n\n.sl-verkeersrecht *,\n.sl-verkeersrecht *::before,\n.sl-verkeersrecht *::after {\n  box-sizing: border-box;\n}\n\n.sl-verkeersrecht p {\n  margin: 0 0 20px;\n}\n\n.sl-verkeersrecht h2 {\n  margin: 38px 0 15px;\n  line-height: 1.3;\n}\n\n.sl-verkeersrecht h3 {\n  margin: 28px 0 12px;\n  line-height: 1.4;\n}\n\n.sl-verkeersrecht ul,\n.sl-verkeersrecht ol {\n  margin: 0 0 24px;\n  padding-left: 24px;\n}\n\n.sl-verkeersrecht li {\n  padding-left: 3px;\n  margin-bottom: 9px;\n}\n\n.sl-verkeersrecht .sl-case {\n  margin: 28px 0 32px;\n  padding: 25px 27px;\n  background: var(--sl-soft);\n  border: 1px solid var(--sl-border);\n  border-left: 4px solid var(--sl-navy);\n  border-radius: 12px;\n}\n\n.sl-verkeersrecht .sl-case-label {\n  display: block;\n  margin-bottom: 12px;\n  color: var(--sl-navy);\n  font-size: 13px;\n  font-weight: 700;\n  letter-spacing: .06em;\n  text-transform: uppercase;\n}\n\n.sl-verkeersrecht .sl-case p:last-child {\n  margin-bottom: 0;\n}\n\n.sl-verkeersrecht .sl-case strong {\n  color: var(--sl-navy);\n}\n\n.sl-verkeersrecht a {\n  text-underline-offset: 3px;\n}\n\n@media (max-width: 767px) {\n  .sl-verkeersrecht .sl-case {\n    padding: 20px;\n    margin: 24px 0;\n  }\n\n  .sl-verkeersrecht h2 {\n    margin-top: 30px;\n  }\n}\n<\/style>\n\n<article class=\"sl-verkeersrecht\">\n\n<p>A cyclist who runs a red light and is hit by a car is not automatically responsible for all the resulting damage. Similarly, a pedestrian who crosses the road outside a designated crossing may still be entitled to compensation after an accident. Under Dutch traffic law, cyclists and pedestrians receive additional legal protection.<\/p>\n\n<p>This protection is particularly important in accidents involving cars and other motor vehicles. Dutch law recognises that cyclists and pedestrians are more vulnerable in traffic. Making a mistake on the road does not necessarily mean losing the right to claim compensation.<\/p>\n\n<div class=\"sl-case\">\n  <span class=\"sl-case-label\">A case from our practice<\/span>\n\n  <p>We assisted a client who had cycled through a red light and was subsequently involved in a collision with a car. His injuries prevented him from working, leaving him in a difficult financial situation.<\/p>\n\n  <p>During our first meeting, we asked why he had waited several months before seeking legal assistance. He explained that he assumed he was responsible for the accident because he had ignored the traffic light. As far as he was concerned, there was no point in pursuing a claim.<\/p>\n\n  <p><strong>That assumption was premature.<\/strong> Even when a cyclist makes a traffic error, the owner or keeper of the motor vehicle may still be legally required to compensate part of the damage. The circumstances of the accident ultimately determine how liability is assessed.<\/p>\n<\/div>\n\n<h2>What are vulnerable road users?<\/h2>\n\n<p>The term vulnerable road users generally refers to cyclists and pedestrians. Unlike motorists, they have little physical protection in a collision. Even at relatively low speeds, an accident involving a car or other motor vehicle can cause serious injuries.<\/p>\n\n<p>For this reason, Section 185 of the Dutch Road Traffic Act (Wegenverkeerswet 1994) provides special rules on liability for accidents involving motor vehicles and non-motorised road users.<\/p>\n\n<p>These rules are particularly relevant to:<\/p>\n\n<ul>\n  <li>Pedestrians hit by cars, motorcycles or other motor vehicles.<\/li>\n  <li>Cyclists involved in collisions with motor vehicles.<\/li>\n  <li>Riders of regular electric bicycles with pedal assistance up to 25 km\/h.<\/li>\n  <li>Children injured while walking or cycling in traffic.<\/li>\n<\/ul>\n\n<p>Mopeds, scooters and speed pedelecs are generally treated differently under Dutch law because they are classified as motor vehicles. The specific protection offered by Section 185 therefore does not apply to their riders in the same way.<\/p>\n\n<h2>Who is liable when a cyclist or pedestrian is hit by a car?<\/h2>\n\n<p>When a moving motor vehicle is involved in an accident that causes injury or damage to a cyclist or pedestrian, Section 185 of the Dutch Road Traffic Act generally applies. Under this provision, the owner or keeper of the motor vehicle is liable unless they can establish force majeure.<\/p>\n\n<p>Unlike ordinary liability claims, a cyclist or pedestrian does not always need to prove that the driver made a traffic error. The law places particular responsibility on those operating vehicles capable of causing greater harm.<\/p>\n\n<p>However, this does not mean that every cyclist or pedestrian automatically receives full compensation. The victim's age, the behaviour of everyone involved and the circumstances of the accident can all affect the outcome.<\/p>\n\n<h2>The 50% rule for cyclists and pedestrians<\/h2>\n\n<p>For cyclists and pedestrians aged 14 and over, Dutch case law generally provides a minimum level of protection known as the <strong>50% rule<\/strong>.<\/p>\n\n<p>If a cyclist or pedestrian contributed to an accident through their own mistake, but the motor vehicle owner or keeper cannot establish force majeure, the injured cyclist or pedestrian will generally be entitled to compensation for at least 50% of their losses.<\/p>\n\n<p>For example, imagine a 35-year-old cyclist who fails to give way and is hit by a car. The cyclist suffers \u20ac10,000 in damages. If the 50% rule applies, the cyclist would generally be entitled to at least \u20ac5,000 in compensation.<\/p>\n\n<p>The amount may be higher depending on the circumstances. If the motorist also made a traffic error, or fairness requires a different outcome, a greater proportion of the damage may be recoverable.<\/p>\n\n<p>There are important exceptions, including force majeure and intentional conduct or recklessness bordering on intent on the part of the cyclist or pedestrian. Dutch courts apply strict standards when considering these exceptions.<\/p>\n\n<h2>The 100% rule for children under 14<\/h2>\n\n<p>Children under the age of 14 receive even greater protection when they are hit by a motor vehicle while walking or cycling.<\/p>\n\n<p>Under Dutch case law, their losses are generally compensated in full, even if the child contributed to the accident through a traffic mistake.<\/p>\n\n<p>This rule reflects the fact that young children cannot always recognise dangers or anticipate the consequences of their actions. A child may suddenly cross the road, turn unexpectedly or misunderstand a priority situation.<\/p>\n\n<p>Exceptions are extremely limited and may arise in cases involving intentional conduct or recklessness bordering on intent. In practice, the legal protection available to young children is particularly strong.<\/p>\n\n<h2>What happens if a pedestrian is hit by a cyclist?<\/h2>\n\n<p>Liability is assessed differently when a pedestrian is struck by an ordinary bicycle rather than a motor vehicle.<\/p>\n\n<p>Because no motor vehicle is involved, the special liability rules under Section 185 of the Dutch Road Traffic Act generally do not apply.<\/p>\n\n<p>Instead, liability is assessed under the ordinary rules of Dutch civil law. The main questions are whether either party acted negligently, whether their behaviour caused the accident and whether the injured person contributed to their own losses.<\/p>\n\n<p>For example, a cyclist may be liable for failing to pay attention and colliding with a pedestrian. On the other hand, a pedestrian who suddenly steps onto a cycle path without looking may have contributed to the accident.<\/p>\n\n<p>Relevant factors include:<\/p>\n\n<ul>\n  <li>Where the collision occurred.<\/li>\n  <li>Applicable priority and traffic rules.<\/li>\n  <li>The cyclist's speed and behaviour.<\/li>\n  <li>Visibility and the surrounding traffic conditions.<\/li>\n  <li>Whether either party could reasonably have prevented the collision.<\/li>\n<\/ul>\n\n<p>If both parties contributed to the accident, liability may be divided between them.<\/p>\n\n<h2>Who is liable in a collision between two cyclists?<\/h2>\n\n<p>The special protection of Section 185 generally does not apply when two ordinary cyclists collide.<\/p>\n\n<p>Instead, the circumstances of the accident determine liability. A cyclist who turns without indicating, fails to give way or overtakes dangerously may be held responsible if that behaviour causes a collision.<\/p>\n\n<p>In some cases, both cyclists may have contributed to the accident. Compensation can then be apportioned according to their respective responsibility, subject to any applicable fairness adjustment.<\/p>\n\n<p>Personal liability insurance (aansprakelijkheidsverzekering voor particulieren, or AVP) may be relevant when one private individual is held liable for another person's losses.<\/p>\n\n<h2>When can a motorist claim force majeure?<\/h2>\n\n<p>Under Section 185, a motor vehicle owner or keeper may avoid liability if force majeure can be established. However, Dutch courts apply a strict test.<\/p>\n\n<p>The driver must not have been legally at fault in any respect. Furthermore, the cyclist's or pedestrian's mistake must have been so unlikely that the driver could not reasonably have been expected to anticipate it.<\/p>\n\n<p>Simply arguing that a cyclist ran a red light or failed to give way is therefore not necessarily enough.<\/p>\n\n<p>Even a driver who was travelling within the speed limit may still be held liable. The court may consider visibility, road conditions, the driver's attention and whether there was a reasonable opportunity to respond to the danger.<\/p>\n\n<h2>What compensation can a cyclist or pedestrian claim?<\/h2>\n\n<p>Injuries caused by a road traffic accident can have consequences far beyond the initial medical treatment. Some victims are unable to work for weeks or months, while others face long-term limitations in their daily lives.<\/p>\n\n<p>Depending on the circumstances, recoverable losses may include:<\/p>\n\n<ul>\n  <li><strong>Medical expenses:<\/strong> treatment, medication and other healthcare costs that are not reimbursed elsewhere.<\/li>\n  <li><strong>Loss of earnings:<\/strong> income lost because an injury prevents someone from working.<\/li>\n  <li><strong>Domestic assistance:<\/strong> help with household tasks that the injured person can no longer perform independently.<\/li>\n  <li><strong>Travel expenses:<\/strong> necessary journeys related to medical appointments and treatment.<\/li>\n  <li><strong>Property damage:<\/strong> damage to a bicycle, clothing or other personal belongings.<\/li>\n  <li><strong>Pain and suffering:<\/strong> compensation for physical pain, emotional distress and reduced enjoyment of life, known in Dutch law as smartengeld.<\/li>\n  <li><strong>Future losses:<\/strong> the financial consequences of permanent injuries, reduced earning capacity or ongoing care requirements.<\/li>\n<\/ul>\n\n<p>The amount recoverable depends on liability, the connection between the accident and the losses, and the injured person's individual circumstances.<\/p>\n\n<h2>What should you do after a cycling or pedestrian accident?<\/h2>\n\n<p>It is important not to make assumptions about liability immediately after an accident. Even if you believe you made a mistake, you may still be entitled to full or partial compensation.<\/p>\n\n<p>Seek medical attention for any injuries and preserve as much evidence as possible. Photographs of the accident scene, witness contact details and available camera footage can all become important later.<\/p>\n\n<p>Keep medical records, receipts and information about lost income. Symptoms that develop after the accident may also be relevant to your claim.<\/p>\n\n<p>If an insurer rejects liability because you were partly at fault, that decision is not necessarily legally correct. The particular protection offered to cyclists and pedestrians under Dutch law must still be considered.<\/p>\n\n<h2>Legal assistance after a cycling or pedestrian accident<\/h2>\n\n<p>Making a traffic mistake does not automatically mean having to bear the financial consequences of an accident yourself. Dutch liability law offers significant protection to cyclists and pedestrians, particularly when a motor vehicle is involved.<\/p>\n\n<p>Sparta Legal assists people who have suffered personal injuries in road traffic accidents throughout the Netherlands. We assess liability and help clients recover compensation for the financial and personal consequences of their injuries.<\/p>\n\n<p>For more information, see our pages on <a href=\"https:\/\/spartalegal.nl\/en\/compensation\/i-was-hit-by-a-car-whilst-cycling\/\">compensation after being hit by a car whilst cycling<\/a> and <a href=\"https:\/\/spartalegal.nl\/en\/letselschade\/traffic-accident-as-a-pedestrian\/\">personal injury following a pedestrian accident<\/a>.<\/p>\n\n<\/article>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>A cyclist who runs a red light and is hit by a car is not automatically responsible for all the resulting damage. Similarly, a pedestrian who crosses the road outside a designated crossing may still be entitled to compensation after an accident. Under Dutch traffic law, cyclists and pedestrians receive additional legal protection. This protection [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":1565,"menu_order":0,"template":"","meta":{"_acf_changed":false,"footnotes":""},"sparta_kb_category":[18],"class_list":["post-2206","sparta_kb","type-sparta_kb","status-publish","has-post-thumbnail","hentry","sparta_kb_category-verkeersongevallen"],"acf":[],"_links":{"self":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb\/2206","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb"}],"about":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/types\/sparta_kb"}],"author":[{"embeddable":true,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/users\/3"}],"version-history":[{"count":4,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb\/2206\/revisions"}],"predecessor-version":[{"id":2210,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb\/2206\/revisions\/2210"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/media\/1565"}],"wp:attachment":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/media?parent=2206"}],"wp:term":[{"taxonomy":"sparta_kb_category","embeddable":true,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb_category?post=2206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}