Liability of motorcyclist after accident with cyclist

Questioner

A cyclist crosses a priority road outside a built-up area without looking, The motorcyclist tries to avoid the cyclist, brakes with all his might but is unable to prevent the cyclist from being hit, they both fall and the cyclist does not survive. Is the motorcyclist liable for this?

Lawyer

In answering this question, I assume that the pedestrian is not younger than 14 years old, in which case the rules are different. Article 185 WVW concerns the liability of the owner or holder of a motor vehicle (in this case a motorcyclist) towards a non-motorised road user (in this case a cyclist). Main points of this: In principle, the owner of the motor vehicle is liable, unless the accident is attributable to force majeure. Force majeure defence: This is more or less limited to cases in which the accident is solely attributable to the actions of the victim himself or a third party. (a very strict requirement that is not easily met) In principle, the law states that the motorist is always liable. What is an option is that the motorist appeals to the pedestrian's own fault. This allows the judge to determine that the motorist must pay 50% of the damage. If there is intent on the part of the cyclist or recklessness bordering on intent, the judge may order the motorist to pay less than 50%. According to the law, the motorcyclist is liable. The relevant facts in this case will determine for which part the motorcyclist is liable and what he has to pay. I cannot estimate this in advance. I would recommend discussing this with your insurance or legal assistance, ultimately a judge may be involved to assess how this is settled.

Lawyer

above is correct with the addition that if the accident and damage were also caused by dangerous behavior of the cyclist, then there will be a so-called causal distribution: distribution of the damage in proportion. After that, a so-called fairness correction can take place, which can be to the advantage or disadvantage of those involved, depending on the factors. More information is needed to better assess the situation.