Pedestrians are among the most vulnerable road users and are therefore strongly protected by traffic law. If you have been hit by a car in Utrecht, you are in a legally favorable position.
Legal Protection for Pedestrians
Pedestrians, like cyclists, fall under the protection of article 185 of the Road Traffic Act:
- The car driver is generally liable.
- 50%-rule: You receive at least 50% of the damage compensated, even in case of partial fault.
- 100%-rule: Full compensation applies for children under 14 years old.
- Force majeure is almost never accepted as an excuse for the motorist.
Common Accidents in Utrecht
| Scenario | Liability |
|---|---|
| Pedestrian at crosswalk | Motorist almost always fully liable |
| Sudden crossing | Motorist liable, but pedestrian may have partial fault |
| Pedestrian on the road (not crossing) | Motorist liable, often partial fault of pedestrian |
| Reversing car in parking lot | Motorist responsible |
Partial Fault for Pedestrians
If you are partially at fault yourself, the compensation above 50% may be reduced. Examples include:
- Stepping onto the street without warning
- Crossing at a red light
- Crossing at an unsafe location
- Walking on the roadway while there is a sidewalk
- Being under the influence of alcohol or drugs
Common Injuries for Pedestrians
Due to the lack of protection, pedestrians often suffer serious injuries, such as:
- Head and brain injuries
- Fractures in legs or arms
- Damage to hips or pelvis
- Internal injuries
Filing a Damage Claim in Utrecht
You are entitled to compensation for all costs, such as medical expenses, loss of income, domestic assistance and non-pecuniary damage. Thanks to the 50%-rule, you always receive at least half of the compensation.
What to do if the motorist drives off?
Report the incident to the police in Utrecht and look for witnesses or camera footage. A claim with the Motor Insurers' Guarantee Fund is possible.Is reflective clothing mandatory?
No, this is not mandatory. Not wearing it rarely leads to partial fault, except if you were walking in an extremely dangerous place, such as a highway or dark road outside the city.Does this protection also apply in a collision with a cyclist?
No, article 185 WVW applies only to motorized vehicles. In a collision with a cyclist, the standard liability rules apply.Frequently Asked Questions about Personal Injury in Utrecht
What are the first steps after being hit as a pedestrian?
Call 112 if injured and have the police record the accident. Note the driver's and witnesses' details, take photos of the location and seek medical help. Report it to your insurer and consider legal assistance via, for example, the Juridisch Loket Utrecht at Catharijnesingel 55. Keep all receipts and documentation.
How long does compensation take?
This varies per case. In cases of clear liability, it can be settled within a few months. In disputes over fault or injury, the process may take a year or more. A lawyer can help speed up the process.
Can I claim non-pecuniary damage?
Yes, you are entitled to non-pecuniary damage for pain and suffering. The amount depends on the severity of your injuries and the impact on your life. An expert can help determine an appropriate amount.
What if the driver blames me?
Even in case of partial fault, you are entitled to at least 50% compensation. For children under 14, this is 100%. The driver must prove your fault with, for example, witnesses or footage. Consult a lawyer for advice.
Do I need a lawyer for my case?
In cases of serious injury or disagreement over liability, a lawyer is recommended. The costs are often covered by the other party. For minor damages, you can take action yourself after legal advice.
Can I claim costs for domestic help?
Yes, if you cannot clean or perform other tasks yourself due to the accident, you can claim these costs.
Relevant institutions in Utrecht:
- Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55