Exceptions to the 50%-rule in personal injury cases in Leiden
In Leiden, the 50%-rule has important exceptions, especially in accidents on busy places such as the Breestraat or around the University. Discover when you can still claim compensation despite your own liability of 50% or more.
Although Article 6:106 of the Dutch Civil Code is strict, there are exceptions to the 50%-rule, relevant for traffic in Leiden. In cases of force majeure, such as slippery streets due to winter weather on the Nieuwe Rijn, or if the counterparty acted recklessly, the judge in Leiden may deviate. Also for minor traffic violations on bike paths or for vulnerable road users such as students and children, a milder application often applies.
When does an exception apply in Leiden?
A common exception is in cases of professional liability, for example if an employer in the Leiden region was negligent with safety regulations on a construction site near the Zijlsingel. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors in Leiden hospitals with own non-compliance, the judge weighs local circumstances heavily.
Example: Students and young people in Leiden
A 19-year-old student cycles through red on the Stationsweg (50% fault), but the motorist is not paying attention due to distraction. Judges at the District Court of The Hague (for Leiden) apply the rule flexibly due to age and study environment, with partial compensation. Comparable to recent local cases around Leiden University.
Advice: Collect evidence of exceptions, such as municipal Leiden camera footage, and engage a local personal injury lawyer to claim your rights at the subdistrict court.