Extinguished Liability in Cases of Gross Negligence for Personal Injury in Utrecht
Under Article 6:106(2) of the Dutch Civil Code (BW), gross negligence results in the complete extinguishment of your personal injury claim, even if your fault is below 50%. Intentional misconduct precludes any compensation, including in busy Utrecht traffic situations.
Definition of Gross Negligence in the Utrecht Context
In the bustling streets of Utrecht, such as around the Oudegracht or on the busy Amsterdamsestraatweg, driving under the influence or reckless cycling behavior qualifies as 'consciously ignoring risk.' Local judges frequently encounter such cases in incidents occurring in the city center.
Example: Intoxicated Cyclist on Utrecht Canals
A cyclist with a blood alcohol level of 0.2% crashes into a car at Mariaplaats: gross negligence was established, and the claim was fully dismissed despite the driver being 40% at fault. Based on recent rulings by the District Court of Midden-Nederland.
Example: Reckless Scooter Rider in Kanaleneiland
A scooter rider without a helmet and traveling at excessive speed in a residential area of Kanaleneiland causes a collision: the court ruled gross negligence, resulting in no compensation despite shared liability. An appeal to the Court of Appeal of Arnhem-Leeuwarden is possible but rarely successful.
The District Court of Midden-Nederland in Utrecht assesses cases strictly; each situation is evaluated on its own merits. For personal injury in Utrecht, consult a local specialist immediately.