Hit by a pedestrian crossing: your rights and roadmap

Liane FoeLawyer

A collision on a pedestrian crossing can have unexpected and unpleasant consequences. As a pedestrian, you always have the right of way on a pedestrian crossing, yet accidents happen regularly. In this article, we explain what your rights are, how to claim compensation and what steps you should take after a collision on a pedestrian crossing.

Liability in a collision on a pedestrian crossing

In the Netherlands, drivers are required to give pedestrians the right of way on a pedestrian crossing. If a driver fails to do so and a collision occurs, in most cases the driver is liable for the damages incurred

Exceptions to liability

There are situations in which the driver is not fully liable, such as when the pedestrian suddenly enters the pedestrian crossing without looking. In such cases, liability may be different.

What damages are compensated in a collision on a pedestrian crossing?

In the case of personal injury caused by a collision on a pedestrian crossing, you may be entitled to various forms of compensation:

• Property damage: Costs for medical treatment, loss of income due to disability, travel expenses and any home modifications.
• Intangible damages (punitive damages): Compensation for pain, sorrow and diminished enjoyment of life resulting from the incident….

Roadmap for claiming damages

1. Seek medical attention: Get a medical examination immediately after the incident. This is important for your health and serves as proof of your injury.
2. Gather evidence: Record details of the incident, such as time of day, location and the vehicle that hit you. Get contact information from witnesses and take photos of injuries and the situation at the scene.
3. Holding the driver liable: Hold the driver liable in writing for the damages suffered. You can do this yourself or through a personal injury lawyer.
4. Claim: File a claim with the driver’s insurer. Provide a statement of all expenses incurred and expected future expenses.
5. Get legal help: Consider hiring a personal injury lawyer. He or she can guide you through the claim process and negotiate fair compensation.

Why seek legal help?

Claiming compensation can be complex. A personal injury lawyer has the expertise to guide you through the process, ensuring proper settlement and maximizing your chances of receiving fair compensation. In addition, the costs of a personal injury lawyer are often recovered from the liable party, so legal help can be free of charge to you.

Conclusion

Personal injury from a collision on a pedestrian crossing can have far-reaching consequences. It is important to know that you are entitled to compensation and that the driver is liable in many cases. By following the right steps and seeking legal help if necessary, you can ensure fair compensation for the damages suffered.