As a pedestrian, you are extremely vulnerable in traffic and therefore enjoy the most protection under traffic law. If you are hit in Leiden by a car, you stand strong legally.
Statutory Protection for Pedestrians
Pedestrians, like cyclists, fall under the special protection of article 185 of the Road Traffic Act:
- The motorist is generally held liable
- 50% rule: you receive at least 50% compensation, even in case of partial fault
- 100% rule: children under 14 years receive full compensation
- Force majeure is almost never accepted
Common Accidents in Leiden
| Scenario | Liability |
|---|---|
| Pedestrian on crosswalk | Motorist usually fully liable |
| Suddenly crossing the road | Motorist liable, sometimes partial fault of pedestrian |
| Pedestrian on the roadway (not crossing) | Motorist liable, often shared fault |
| Reversing car on parking lot | Motorist liable |
Own Fault as a Pedestrian
If you are partially at fault yourself, the compensation above 50% may be reduced. Think of situations such as:
- Walking onto the street without looking
- Crossing at a red light
- Crossing at an unsafe location
- Walking on the roadway despite the presence of a sidewalk
- Being under the influence of alcohol or drugs
Common Injuries in Pedestrians
Because pedestrians have no physical protection, collisions often lead to serious injuries, such as:
- Head and brain injuries
- Fractures in legs or arms
- Pelvic and hip damage
- Internal injuries
Compensation in Leiden
You can claim various costs, including medical expenses, loss of income, household help, and non-pecuniary damage. Thanks to the 50% rule, you always receive at least half of the compensation.
What if the driver drives off after the accident?
Report the incident to the police 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 legally required. Not wearing it rarely leads to own fault, except if you were walking in an extremely dangerous place, such as a highway or dark road outside the city.Does the protection also apply in a collision with a cyclist?
No, article 185 of the Road Traffic Act applies only to motorised vehicles. In an accident with a cyclist, standard liability rules apply.Help in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles personal injury cases.
Frequently Asked Questions
What are the first steps after being hit as a pedestrian in Leiden?
Call 112 if injured and have the police draw up a report. Note the details of the driver and witnesses, take photos of the location and seek medical help. Inform your insurer and consider legal advice via the Juridisch Loket Leiden. Keep all receipts and documents of incurred costs.
How long does it take before I receive my compensation?
This varies per case. In cases of clear liability, it may take a few months, but in case of disagreement over fault or injury, sometimes more than a year. A lawyer can help speed up the process. In case of established liability, you are entitled to an advance payment.
Can I claim non-pecuniary damage after an accident?
Yes, you can claim non-pecuniary damage for pain, emotional damage and permanent limitations. The amount depends on the severity of the injury and the impact on your daily life. An expert can help determine an appropriate amount.
What if the motorist blames me?
Even in case of own fault, you receive at least 50% compensation thanks to the 50% rule. For children under 14 years, 100% applies. The driver must prove your fault with, for example, witnesses or footage. Seek advice from a specialist and do not be intimidated by the other party.
Is a lawyer necessary for my case?
In case of serious injury or disputes over liability, a lawyer is recommended. They know the legislation, negotiate with insurers and maximise your compensation. Often the costs are covered by the other party. For minor damages, you can take action yourself after advice.
Can I claim costs for household help?
Yes, if you cannot do the housework yourself due to the accident, you can recover these costs from the liable party.