Liability Bicycle Accidents - Free Advice

Questioner

Ir/Madam. I had an accident recently. I went onto the sidewalk with my bike (with my daughter in the front seat) because I wanted to cross the street at a zebra crossing (walking with my bike). I always cross there because it is a busy street. I was standing with my bike (still between my legs) on the sidewalk and take 1 or 2 steps to get a little further onto the sidewalk. At that moment I am still partially standing with my back to the street/zebra crossing. So my goal is to get right in front of the zebra crossing and be able to cross neatly. But it doesn't get that far, because after those 1 or 2 steps I lose my balance and fall. I fall back (over) on the zebra crossing. At the moment I'm lying there, a scooter hits my head. So I'm lying on the zebra crossing. I got a concussion from it. But now the driver of the scooter wants to hold me liable because he had to avoid me on the zebra crossing (so he did hit me) and fell because of that. He has damage to his scooter. And later he also wrote that he has damage to his jacket, pants and phone. Now my question is whether I can be held liable for this, since I accidentally fell and also (back) on the zebra crossing. Unfortunately I was not insured for liability at that time. Now I am again. But of course they can't do anything for me since it took place outside the insured period. I look forward to hearing from you. Thank you in advance.

Lawyer

How annoying that this accident happened to you! Liability in traffic is regulated in a special law. Based on this, you as a pedestrian or cyclist are always entitled to 50% of your (injury) damages if you have been hit by a motor vehicle (for example a scooter). Given the situation, I estimate that you will be compensated for more than 50% of your damages. Because you have sustained injuries from the accident, it is important to hold the scooter rider liable. All your damages, such as medical costs, and possibly loss of income, can then be recovered. You are also entitled to compensation for pain and suffering. I wouldn't worry too much about the claim against you. If a motor vehicle claims to have suffered damage as a result of a cyclist or pedestrian, then the law does not simply entitle it to compensation. I would like to help you. Of course, this is completely free of charge for you. Then I will recover your damages for you and I will also defend you against the scooter rider

Lawyer

The court will, in view of the arguments on both sides, first have to determine whether the scooter driver is liable for the accident, in other words whether the scooter driver has acted unlawfully towards you in a way that can be attributed to you. The scooter driver has violated a traffic rule by braking without any traffic necessity, or at least he has acted carelessly towards you until he approaches a footpath where you are trying to cross. As a pedestrian/cyclist you ran a much greater risk of significant damage than a scooter driver, so you will be able to claim 100% damage. According to a ruling by the Middelburg court.

Lawyer

First of all, I wish you a speedy recovery! You are indeed entitled to at least 50% compensation. The other 50% will depend on the question of guilt. Based on your explanation, it looks like the scooter will draw the short straw and you will be fully compensated for your damages. Of course, this depends on witnesses on both sides and the situation that the judge must assess in the event of a dispute. In such cases, it is advisable to engage a personal injury specialist who can represent your interests and claim the damages. The legal costs will be paid by the other party if liability is fully acknowledged, so that you do not have to contribute anything yourself in this case.