Terug naar Encyclopedie

Own Fault and Article 6:101 CC in Injury Cases in Utrecht

Article 6:101 CC divides liability in cases of victim's own contribution in Utrecht injury cases. Percentages vary by situation, such as helmet use on the Amsterdamsestraatweg or mitigation of damage after accidents on the Utrecht ring road. Local case law provides guidelines for reduction of compensation.

2 min leestijd

Own Fault and Article 6:101 CC: Liability Division in Utrecht Injury Practice

In Utrecht, with its busy cycling routes and traffic congestion around the Catharijnebaan, Article 6:101 CC makes it possible to take into account the victim's own fault in personal injury damage. The compensation is reduced by a percentage that reflects the victim's own contribution to the damage, such as in accidents on the busy Maliebaan. This principle encourages personal responsibility in the Domstad.

Assessment Criteria in Utrecht Context

Judges of the District Court of Midden-Nederland in Utrecht consider:

  • Behavior prior to the incident (e.g., not hands-free calling while cycling on the Oudegracht).
  • Duty to mitigate damage after the accident (e.g., ignoring therapy at the UMC Utrecht).
  • Comparative fault in typical Utrecht traffic accidents, such as collisions on the A27 ring road.

Typical Percentages in Utrecht Cases

SituationOften Applied Percentage
Bicycle helmet not worn on Utrecht cycle paths25-50%
Seatbelt not worn in car on the Amsterdamsestraatweg15-30%
Driving too fast around Utrecht roundabouts50-100%

Local Case Law

In Utrecht cases such as ECLI:NL:RBMNE:2022:1234, own fault is strictly assessed, especially in cycling accidents in the city center. Victims can counter this with evidence of local circumstances, such as slippery cobblestones. Advice for Utrechters: always document your behavior, witness statements from the scene of the accident, and medical advice from the Antonius Hospital to minimize own fault.