Liability after a scooter accident? Discover your rights

Questioner

My daughter, as a driver of a scooter, had a collision with a lady on a bicycle who, because she wanted to cut off a bicycle path crossing to gain 5 meters, collided with my daughter who was riding at walking pace. According to wvw 185, my daughter is 50% liable. My question is whether my daughter can contest this on the basis of force majeure. The fact that the cyclist deliberately cut off the bicycle path (and has also admitted guilt) indicates that there is intent or recklessness bordering on intent on the part of the cyclist. After all, it is crystal clear that this is the case. And can the 50% rule be deviated from in this case if the cyclist is proven to be at fault?

Lawyer

If it is certain that the collision is due to the cyclist, then the 50% rule can indeed be deviated from. You do have the burden of proof and must therefore demonstrate that there was force majeure, although this is difficult to demonstrate in practice. For more information or further assistance, you can contact me directly and free of charge.