bike accident netherlands what to do

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bike accident netherlands what to do

2022.07.31
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bike accident netherlands what to do

Pedestrians and bike-riders are not just physically vulnerable, but also legally. The Crown Prosecutor's Office (Officier van Justitie) may investigate the cause of death. I am confused. If the mistake leading to the incident was made by the non-motorised road user, that mistake has to be so unlikely, that a motor vehicle user could not reasonably have considered it to happen. The European claim form may be used and signed by all, Taking photographs or drawing a sketch of the scene is advisable. Still, you must prove that you suffered compensable damages due to the accident. Despite the traffic laws intended to keep drivers and cyclists safe, motorists do not always drive as carefully as they should. Why only non-motorised road users? Certainly you see significant casualty rates among bikers, especially in countries where, due presumably to climate, motos remain more popular than they do in northern Europe. The fact that the onus is on the driver, is because the driver is the one who voluntarily used a vehicle of which it is widely known that it may cause severe damage to other road users, who are not protected in a vehicle. But first, Sunny-side up, Dutchies! Calvinism in the Netherlands: why are the Dutch so Calvinist in nature? In the event of an accident in which someone is injured or killed: Note: Leaving the scene of an accident without providing this information is considered an offence. Is many different hospitals or only one? roubaix cnn cobbles lopez The United Kingdom Government launches 50 new road safety measures, deflecting the will of the people Arcynewsy, Netherlands 18: The route to Enkhuizen Just Step Sideways, Se ciclista e pedone hanno sempre ragione, diminuiscono gli incidenti | Benzina Zero, Our reply to feedback on cycling routes for all ages and abilities IrishCycle.com, Stop Transportation Victim Blaming And Design Our Roads For The Results We Want | SLOW STREETS, The Liability Myth | The Alternative Department for Transport, Is it really 20 times more dangerous? Even if you were not at all to blame for the harm you experienced in a bicycle accident, successfully holding someone else civilly liable for your damages can be a complex and time-consuming process. In the event of an accident, all parties complete and sign the form at the scene. If you get mail from his legal advisor dont answer it. There are no objective rules for the former.

The claim form is the basis on which an insurance claim is made. Please advise! They even went so far as to suggest that people would give up driving all together under such circumstances. So try to avoid fines, keep safe and happy cycling! accident my mum) could not corroborate drivers version of events and teenager was in hospital for some time. It is just a reverse onus. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK289, When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.. Editors Note: This article was originally published in June 2020, and was fully updated in May 2022 for your reading pleasure. Especially these new e mopeds silent and doing 25mph almost been hit a couple of times. And why exclude passengers from claiming against their driver under strict liability? For the latter, the severity of the damage to the non-motorised road user is very important. Luckily, Google Maps has a speaker function so listen closely to directions through your earphones and let Maps guide you verbally. So stick those arms out people! A dedicated injury attorney can help you seek compensation through a private settlement or civil lawsuit. If you retain a get-out for the vulnerable partys fault, an insurance company is quite likely to argue ruthlessly and loudly that the blame lies not with their insured but the other party, because that is how they avoid paying out the claim and we all know that insurance companies love collecting premiums but hate paying out claims. Additionally, you might have to contest accusations of negligence brought by the defense. What do you think I should do? I got fined for cycling the wrong way down a one-way bike path (at the time I didnt even such things existed). If a motor vehicle causes loss or damage to any person, the owner or operator of the motor vehicle is automatically deemed liable. If the article is not applicable other laws regulate who is liable for the financial consequences of the incident. she/he didnt stop. Drivers dont get cited, fined, or jailed because of 185. lanes bike separated beyond safety why need amsterdam than zachary shahan dream This little bike adventure cost me a nice lump sum of 145. For example, in the case of a cyclist who entered the opposite lane and crashed into an oncoming car, the court of Neuburg an der Donau in Germany refused the motorists demand for 100% damages and established a 3/4 liability to the cyclist and 1/4 to the motorist. The family is usually asked to identify the body. Whilst every effort has been made to ensure accuracy, the publisher cannot accept responsibility for omissions and errors. All in all it is safe to say that Strict Liability does in a way protect cyclists and pedestrians, but it tries to be a fair answer to the inequity in the consequences of a crash. The weather gods have blessed us with some clear and welcoming skies for the next few days. All parties involved must exchange details: Name and address of all the people involved in the accident, All parties involved in the accident complete and sign a claim form. But the law does consider the boundaries of reasonability for both driver and cyclist/pedestrian. In Finland euthanasia is illegal. 185 WVW is applicable, it means the motor vehicle user is liable for financial damage, unless that driver can prove the incident was caused by circumstances beyond his/her control. Since 2019, you can get a 95 fine over this. The first being that drivers are always at fault when they are in a collision with a cyclist, regardless of how the cyclist behaved. But if they do, at least youll know who to counterclaim against for a new arm! Or there used to be, I havent noticed them lately. Most personal injury claims revolve around the legal concept of negligence, which consists of four crucial elements. (Although the risk of getting your bike stolen should be reason enough. In that respect it is telling that this law was implemented in the early 1990s: when cycling had been on the rise again for at least two decades. Research has shown that people who are busy with a phone while in traffic are more dangerous than people who are drunk. We're constantly hunting for the latest, greatest, and most Dutch spots for our readers. (LogOut/ Enter your email address to follow this blog and receive notifications of new posts by email. Do you have any information about the liability rules prior to the changes made in the early 1990s? When the law change was under consideration two comedians in the Netherlands made a funny parody. It is not enough to prove that the other party breached their duty of care. they told me that i have to pay 250 euros and then i can ask a refound from my insurance provider. This isnt strict liability. Use only the one with the microphone! Its safe to say Generally speaking, the Netherlands is super international but now, international students verge on comprising half of all students in Dutch universities. Many thanks, Kelli. Pingback: Extreme straw men and reductionist thinking? Yes, it was fair. A protection that is lost when it can be proved the non-motorised road user caused the damage on purpose, or his/her behaviour was so careless, that it can be seen as recklessness verging on intent. . I am neither, but if it were me, Id tell him no thank you, please proceed with paperwork. There are a number of (false) assumptions that lead to such an assertion. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. some nice guys took the number of the car, we called the police adn they took my personal information. But this proposed law change did not make it. Its like with disease: its good to know there is a cure for an illness, but youd rather not get sick in the first place. A behaviour that could not be corrected any more. This levels the playing ground, in case of an accident, the two insurance companies will search for a quick split of costs based on a rough estimation of fault, trying to avoid a lengthy and costly court-case. Please community clarify so I can learn: If a bicycle rider recklessly breaks the rules and puts the car and driver in danger with no fear for his life who is then liable for any accident? Thank you for clarifying this. No, this law really only works between one motor vehicle user and one non-motorised road user. Contact the police and call an ambulance if necessary: The police will make an official report describing the details of the accident and take note of the personal details of all people involved, including registration numbers and insurance information. Like me, many people forget to buy new bike lights and they frequently get stolen. Judge awarded 100% of cost to driver because witness (ie. Again, I cant say for certain if I was at fault or he was, I thought I had my bases covered but apparently not. If a judge considers it reasonable, the liability for the driver may be increased from the minimum of 50% to a higher percentage, sometimes even to the full 100%. While overwhelming, most of these rules arent usually policed. I got stopped in Groningen for cycling the wrong way on a one way street. Ive been living here for several years now and find it extraordinary how careless cyclists actually are. If that road user was indeed at fault, the driver is still liable for 50% of the damage. Two points: Motorists pay 350 Euros + 9 Euros administration costs. Have you seen how many cyclists dont actually have lights!? This is a mistake I see sometimes. The closest analog in U.S. law may be the dog bite statutes, which make pet owners strictly liable for human injury their pets cause (unless there are extenuating circumstances like provocation) but dont jail owners. In the Netherlands, this applies to cycling too. are dash-cams allowed in NL? What Im asking is, does the liability cover only the damage to the cyclists bicycle and equipment or does it cover injuries to the person as well? A good strict or proportionate liability rule would also protect drivers of small cars against the errors or big trucks, in other words in any case where one person is significantly more vulnerable than the other. I am an expat but have been living in Amsterdam (registered with the municipality, etc.) Although based on some reading, I shouldnt be responsible for 100% of the damages? The beauty of strict liability is that blame becomes irrelevant, and no-one needs to feel humiliated or embarrassed about the claim or its outcome.

Any person with half a functioning brain wouldnt even consider to ride a bike when they know theyve had too much to drink. The cyclist in this case has to pay 75% of the TOTAL damages and the motorist 25%. Before I knew what was happening BAM, a fine of 55 for not having bike lights. For example, if a driver was texting while driving and consequently hit a cyclist, that would serve as evidence of legally actionable negligence. TOTAL is important here, as damage to the car could be a few scratches and to the cyclist lifelong disability. i fell on the ground, got my knee really injured, but he/she decided to keep driving. Dutch law makers considered this to be reasonable, because the non-motorised road user usually suffers more and more severe damage. A judge will take a perfect road user as a yard stick and see in how far the parties involved can be considered to be such a perfect road user in the particular incident. The article is also not applicable for parked motor vehicles. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account.

If a pedestrian is injured after stepping into a cycle path, who is at fault? Save my name, email, and website in this browser for the next time I comment. If you were harmed in a cycling collision, reach out to a Holland bicycle accident lawyer today. I like to know where to go. If the party responsible for the damage is uninsured or unknown, the claim can be submitted to the Road Traffic Guarantee Fund (Waarborgfonds Motorverkeer). To avoid this potential stumbling block in your cycling accident case, it is best to get legal help from a skilled lawyer. Here in Ontario we have a similar Strict Liability law. Finally, a thread which runs through so many discussions of this type is whether it will promote cycling or not. If there is fault on the part of the non-motorised road user, a judge will have to consider in how far the different parties in the incident did contribute to the damage (share in fault), and also if there are specific circumstances that should in all reasonability have significance to the determination of the share in fault (correcting for reasonability). You may need to collect and present a great deal of evidence to prove your case. But in that case the normal liability insurance most people have would have to be addressed. Forget today's Wall Street traders doing sneaky insider trading back in the 60s, Dutch exporters had a simple trick You have entered an incorrect email address! This is related to insurance. Threatening to fine is great, but if there arent enough police around to enforce the laws its pointless. With one exception: in case of intent, similar to that of people of 14 years or older, then the parents or legal guardians are liable for the damage. I admit that I believed the motorists always at fault part of the myth because I hadnt been told otherwise, until now. Secondly, it is believed that people, in this case first of all drivers, would change their behaviour because of this law. Tot straks , Who thought it was a good idea to allow mopeds and these fat boy ebikes on the cycle paths ? To receive any compensation in a bike accident claim, you must first demonstrate the existence of a duty of care, a breach in the duty of care, causation, and damages. In a collision between a car and a bicycle, the cyclist is much more likely to suffer severe injuries. | Arizona Bike Law, Safety in numbers, but for now, you all just need a good spanking (with a sock full of quarters), Torontos traffic problems are so bad, businesses are willing to pay for solutions Ren Thomas, ! The article is not applicable when there is damage to goods or people transported in the motor vehicle, when there is damage to other motor vehicles, or when one or more stray animals are involved. The insurance agent will provide a European Claim Form, which should be kept in the car. Should a fatality occur in an accident, the deceased will be taken to a mortuary. When art. Reproduced with Permission. You need to have both front and backlights for it to count, otherwise, you will still get a 55 fine. Copies are then sent to all claimants insurers for assessment. Despite this, there are 53 (yes, you read that right) different ways you can get fined while biking in the Netherlands. Whether the non-motorised road user is insured for the sustained damage/injuries will also be taken into consideration. Schedule a free, confidential consultation to learn more about your legal options. Please dont ride a bike while wearing earphones. when i got back home, i realized that my knee was bloated and sore and i decided to go to sint lukas andreas hospital, which is just across the street. If there is disagreement and the form cannot be signed by all involved, the police can be asked to intervene, The names and addresses of any witnesses should also be mentioned, as well as information on the facts of the accident, If possible, take a photograph of the scene of the accident. Fiona, just saw your post about there being similar strict liability provisions in insurance legislation that is not widely known. Fair being rather difficult to translate into rules, which they still did a pretty OK job I think. How did the Netherlands become the first country without stray dogs? Dont give anything or say anything. ), In a country with so many cyclists, it makes sense that there are a lot of laws for them too. He most likely has legal insurance and will try get around being liable because it does not cost him anything anyway. Change), You are commenting using your Facebook account.

Sad to say, being hit with enough force to crack a laminated glass motor car window (assuming he is telling the truth) has likely done some damage to you even if it does not become evident until much laterhope it is nothing too serious. If you dont want your bike to be removed, you may want to remember this one: you can get a 30 fine for parking your bike in the wrong place, so just head to the nearest bike stall to park instead. Are you able to provide more details so I can look it up. , READ MORE | Dos and donts of riding a bicycle in the Netherlands, To ensure that your biking trip doesnt become as unnecessarily expensive as mine heres a basic guide to Dutch fines while cycling. That would have led to a strict liability as many perceive it is: the driver would always be liable.

Failing to give way or jumping a red light (deliberately or by mistake) are not such unlikely events, they happen regularly, so drivers are not granted circumstances beyond control very often. Also, dont cycle on the sidewalk: 55 There is no equivalent for the phrase strict liability in Dutch. When in doubt, its the stronger party who should be able to prevent the accident. the fact is that i didnt have those 250 euros to pay for the first aid, and above that, i didnt want to pay for it, as far as it was not my fault. Change), You are commenting using your Twitter account. Mark, this is an excellent article but what Im not certain about is who pays for the medical bills incurred by the cyclist? The larger that damage (especially injuries) the more likely the liability will shift to the driver. But if you live in a country like the UK that has very low cycling rates and poorly connected and separated infrastructure, wouldnt it be useful to have the antidote while the vaccine is being developed (which is going to take a very long time)? Tik tok on fatalities . We have so much that is wrong with cycling in Australia lack of decent infrastructure, legal protection such as this (our protection is effectively zero) and many other impediments to cycling. Also it attributes that a cyclist (most probably) attributes less impact (joules) to an accident than a motorist, both via weight and via speed, but will (most probably) receive most damage from the same impact. So when is article 185 of the Wegenverkeerswet (Road Law) applicable? In such cases, the Officier van Justitie will give permission for the cremation or burial. As I will explain later, this is not the case, and that already takes away the largest part of the base of the assertion. This law only regulates who (or more correctly: whose insurance company) pays for damage after an unintentional accident. This law does not apply to natives only and the insurance company should have been offering bodily injury compensation. Total nonsense of course! The Dutch do indeed try to avoid accidents from happening in the first place. Have you ever been fined while cycling in the Netherlands? Annabelle was born in Utrecht but grew up in Mali, Bosnia and Uganda. Excellent post, Mark. Under Ohio Revised Code 2315.33, civil courts have the authority to reduce a plaintiffs compensation by their assigned percentage of fault. All rights reserved. I have just been fined while riding a bike and my mobile phone was at my hand, it cost me 145 euros? So we come back to the blame game and it must surely be inevitable that the driver will be dragged into this, on the basis that it must surely be someone else fault so if it isnt the plaintiffs. The Netherlands is often called a cycling paradise. If you are riding a bike, it is crucial to wear a helmet, follow traffic laws, and be aware of your surroundings. Loving van Kooten & de Bie. Thank you for taking the time to untangle, translate (not just from Dutch but from Legal-ese) and post this. | , Extreme straw men and reductionist thinking. ? That is, cyclists are not yet afforded the protections that the blameless scheme offers to pedestrians. In fact, defendants in these sorts of claims often try to pin the blame for the incident on the party seeking restitution. Hopefully, its an upward trend from here. Very enlightening. I will use the money to pay for travel costs and other expenses I have to make to create my articles and videos. I ask this as European countries usually have more comprehensive national health care schemes than other nations and people reading this may assume different things about what is said here based on their country of origin. But it is an amusing illustration of what strict liability in the Netherlands is not. In addition to this, you can get an 85 fine for not cooperating with the alcohol test. Because due to the differences between motorised and non-motorised road users, it is very likely that the latter will suffer more and more severe damage and/or injuries when both are involved in a traffic accident. | Mr Happy Cyclist's Site, The finished F50 cycle route from Oss to Uden, A new bicycle tunnel finishes the F50 fast cycle route from Oss to Uden, Extra Post: Relaxed cycling on a Saturday afternoon. Even if the car is stolen, the owner is still legally liable for any damage caused by it. The baseline is: follow the traffic signs and you should be fine. You can be fined up to 200 if your alcohol blood level is above 0,54 mg/ml. Besides writing she enjoys playing football, re-watching Greys Anatomy for the 10th time, drinking copious amounts of tea and has recently started trying to brew her own wine and beer well see how it goes. You must also show a causal link between their breach and the accident in question. My mum once was witness in court of case of driver who tried to blame an older teenager for accident on the grounds that teenager jumped red light. 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A pretty small price to pay for safety, right? The law also considers the fact that drivers are obliged to be insured for such damage and non-motorised road users are not. I cannot explicitly assign the fault to either party I remember looking both ways, it seemed like it was clear to cross a two-way road, then next thing I know his car was about to slam into my left side. And nowadays you also can get fined for just holding your cellphone in your hand. The most essential element of negligence is the existence of a duty of care.

After a short fragment of a news broadcast, they used exaggeration to make fun of people who believed that the law would lead to reckless behaviour of cyclists. These claims are submitted to the representative of the foreign insurer in the victim's country. A car ran into me while I was biking last Friday (it was a minor collision thank goodness). If you take one look at bikes in Utrecht or Amsterdam, you can conclude that the police dont check most of these. Pro tip: Dont put the little lights you buy in the flickering light function! I also note the limitations on who is protected. Just know, that in every legal case, the devil is in the details. Miraculously the only injury I sustained is a bruised arm (and my bike not even a scratch), but the driver messaged me and asked me to pay for replacing his windshield (which was cracked as a result) and avoid paperwork. This video shows a parody made in 1997 when there were plans to extend the law regulating who is liable for financial damages after a crash. -I believe it is illegal to operate any vehicle with both(2) headphone buds!

Just remember thats not all of them. Tell us in the comments below! In some places in the Netherlands, you can even get a 40 fine for not locking your bike. Next time youre coming home after drinking, consider walking your bike instead. A bill was initiated in which the age restriction would be scrapped and the under 14 regulations would extend to non-motorised road users from the age of 14. I am curious about this. Is this included in the amount payable from the motorists insurer or is it paid for by the state? Rough. Hi David, I just happened to cross your message while looking for some information regarding this Dutch Act. 2019 All Rights Reserved. Were are the hospitals what are giving euthanasia? The website may provide links to other websites on the Internet, the content of which is not in our control. (LogOut/ Early November there are usually police campaigns where they check and fine cyclists without lights. By designing a traffic environment that is safer for all road users. The bicycle lanes are there for a reason. Clearer skies are headed to the Netherlands, Internationals now make up 40% of all uni students in the Netherlands. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Is this correct? All motorized vehicles, including mopeds and motorcycles, have a mandatory liability insurance. You ride a bike, not drive! P.S. It does however mean that some heat remains in the argument the problem with the UK system is that a plaintiff has to show both damage and fault (tort) to succeed in a claim, and that means blame or accusation. While it may sometimes seem extravagant, it is actually very handy to avoid accidents.

document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 1500 Timberwolf Unfortunately there is no law that can change that fact.

While it may seem like cyclists in the Netherlands think theyre above traffic rules, on paper at least, theyre not. A copy of the accident report can be requested by writing; mention the time and place (municipality) where the accident took place and include relevant vehicle registration numbers. All licensed drivers in Holland owe a duty of care to those around them while operating a motor vehicle. NSW has blameless accident provisions in the Motor Accidents Compensation Act 1999 (if an accident is considered blameless, the insured driver is deemed at fault and liable to pay damages).

Change). I have heard it said that Strict Liability has been in existence for a long time in the Netherlands, and that the changes made in the early 1990s were quite small and insignificant. Good article! yes, im curious about medical expenses, too? the question is: can i sue this guy/girl? When someone drives recklessly, it puts everyone on the road at risk, especially cyclists. Just because a motorists negligence contributed to your injuries does not automatically make that driver fully liable for your damages. Clearly, you shouldnt step into any kind of vehicle drunk. It is obligatory for all cars in the Netherlands to have at least third party liability auto insurance (wettelijke aansprakelijkheid) other motor insurance: fire, theft, vandalism is optional. It seems even more protective of non-motor vehicle road users than the Dutch version, because it does protect third parties. This might involve providing medical records and bills tied to the collision. I appreciate all information what you can give. Law is a consequence of high cycling rate, not cause. If the accident is not too serious (for instance, if it only involves damage to property), then take the following action: The claim form must then be sent to the insurance company; in the Netherlands there is no time deadline. You can lose it for a d.u.I. This is to rule out endless discussions that you werent on the phone but just checked what time it was or were using the phone as satnav.