Evidence in Cases of Partial Liability in Personal Injury Claims in Utrecht
In Utrecht personal injury cases, solid evidence is crucial regarding partial fault. Learn how local judges and insurers determine the 50% threshold based on witnesses, traffic cameras, and expert reports.
In personal injury cases in Utrecht, it revolves around evidence for the apportionment of liability (art. 6:101 BW). Insurers often analyze footage from Utrecht traffic cameras at intersections such as the Catharijnebaan or the Smakkelaarsveld, in addition to witness statements and police reports. If your fault exceeds 50%, the claim lapses – a common scenario in the busy city center.
How is evidence collected in Utrecht?
Judges of the District Court of Midden-Nederland (Utrecht location) base their decisions on objective evidence such as black box data, dashcam recordings, or medical reports from the UMC Utrecht. Subjective factors such as 'traffic insight' in the canal district carry significant weight. In approximately 70% of Utrecht cases, a traffic expert determines causality, often with reference to local CROW guidelines.
Example: Bicycle Accident on the Oudegracht
You are cycling too fast on the Oudegracht (evidence: GPS data from your Strava app), while the other party turns without ringing a bell. An NIWA expert estimates your fault at 45%, so you receive 55% compensation. At 55% fault: nothing at all, as in recent rulings by the Utrecht cantonal judge.
Tip: Immediately preserve all documents, including OV-chipkaart data or parking app logs, and engage a local personal injury lawyer for counter-expertise. In Utrecht, you can go to the Juridisch Loket at Mariaplaats to effectively challenge the 50% threshold.