Cyclists are among the most vulnerable road users and are therefore afforded extra protection by law. If you have been hit by a car in Leiden, as a cyclist you have a strong legal position to demand compensation.
Statutory Protection for Cyclists
According to Article 185 of the Road Traffic Act, cyclists enjoy special protection:
- The motorist is in principle held liable in a collision with a cyclist.
- Only in cases of force majeure can the motorist avoid liability.
- However, force majeure is almost never granted by the court.
Rules for Compensation: 50% and 100%
| Age of Cyclist | Minimum Compensation |
|---|---|
| 14 years and older | At least 50% of the damage |
| Under 14 years | Full compensation (except in cases of intent) |
Even if the cyclist is partly at fault, this rule applies. This protection lapses only in cases of intentional conduct or extreme recklessness.
Contributory Negligence by the Cyclist
If the cyclist is partly responsible for the accident, the compensation above 50% may be reduced. Examples of contributory negligence include:
- Ignoring a red traffic light.
- Failing to yield priority where required.
- Crossing the road unexpectedly.
- Cycling in the dark without lights.
- Using a phone while cycling.
Collision between Cyclists
In an accident between two cyclists, no extra protection applies. In that case, the standard rules on liability are applied and it is investigated who is responsible.
E-bikes and Speed Pedelecs in Leiden
Regular e-bikes (with assistance up to 25 km/h) are legally considered bicycles. Speed pedelecs (up to 45 km/h), however, fall under mopeds and do not have the same statutory protection.
What Damage Can You Claim?
As a cyclist in Leiden, you can submit various heads of damage, such as costs for medical treatment, loss of income, household assistance, and non-pecuniary loss for emotional damage.
What to do if the motorist drives off?
You can file a claim with the Motor Insurers' Guarantee Fund. Make sure to report it to the police and collect as much information as possible about the vehicle and driver.Is a helmet mandatory for cyclists?
In the Netherlands, you do not need to wear a helmet while cycling. However, not wearing one may affect liability in cases of head injury, depending on the circumstances.What if I am hit by an opening car door?
This is called 'dooring'. The motorist who opens the door without paying attention is responsible. The 50% rule for compensation also applies here.Frequently Asked Questions about Personal Injury in Leiden
What should I do immediately after an accident as a cyclist?
Call 112 immediately if injured. Document the situation with photos of the damage and the car's license plate. Note details of the driver and any witnesses. Report the incident to the police, even for minor damage, and keep receipts for medical costs and repairs. Engage a personal injury lawyer as soon as possible for assistance.
How does the 50% rule work with contributory negligence?
Even if you as a cyclist are partly responsible (e.g., running a red light), you receive at least 50% compensation. For total damage of €10,000, you thus get at least €5,000, regardless of your share of fault, unless there is intent.
Can I claim non-pecuniary loss after an accident?
Yes, you are entitled to non-pecuniary loss for pain and emotional impact. The amount depends on the severity of your injury and the consequences for your life. A lawyer can help file a well-substantiated claim.
What if the motorist is uninsured or flees?
In a hit-and-run or with an uninsured driver, you can turn to the Motor Insurers' Guarantee Fund. Report it to the police and gather evidence such as license plates and witness statements. A lawyer can assist you in this process.
Does the protection also apply to e-bikes in Leiden?
Yes, e-bikes up to 25 km/h enjoy the same protection as regular bicycles. Speed pedelecs, however, fall under different rules and are considered mopeds, without extra protection.
How long does it take to receive my compensation?
This varies per case. For minor personal injury, it may take a few months, but for complex cases with serious injury, the process may take longer.
Relevant Authorities in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46