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Fault for traffic accidents in the Netherlands
Sunday, May 14, 2006
We often hear that in many other countries, motorists are more at fault when they collide with bicyclists and pedestrians than is the case in the U.S.

This is the case in the Netherlands, where bicycling and walking are far more common that in the U.S. but the rate of bicycle and pedestrian injury is much less. This article from the European Federation of Road Traffic Victims gives many details about the Netherlands' system of dealing with traffic collisions and includes this detail:
The basis for compensation in traffic accidents is fault liability. However, if an accident involves a motor vehicle (car or motor bike) and a non-motorised road user (pedestrian or cyclist) risk liability applies. This means that the driver is liable unless he can prove force majeure. If the pedestrian or cyclist is younger than 14 years of age, the driver is 100% liable. If the pedestrian or cyclists is over 14 years of age, the driver is 50% liable. The amount of the compensation for the remaining 50% is dependent on the degree of fault of all the parties involved.


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