Hit as a pedestrian by a car

What to do if you are a pedestrian and have been hit by a car?

Accidents can happen easily; accidents happen every day on Dutch roads. As a pedestrian, you are also extra vulnerable in traffic; the risk of serious injury in a collision is greater, and that can have serious consequences for you.



As a vulnerable road user, you therefore have extra protection under the law; in almost all cases, you are entitled to personal injury compensation. The only exception is if the driver of the motor vehicle can prove intent, deliberate recklessness, or force majeure.

Good to know: as a pedestrian under 14, no fault or force majeure can be assumed, so in that case, your child is always entitled to full compensation for their (injury) damages. Only if there is intent will your child not be compensated for their damages.

Legal support throughout the Netherlands

As your expert partner for personal injury claims, we serve victims nationwide. With offices in Amsterdam and Utrecht, we offer nationwide coverage and will visit you at home if necessary. Our experience in successfully claiming personal injury damages makes us a leading name in the industry.

Hardt Advocaten is proud to hold the National Personal Injury Quality Mark, a prestigious recognition that emphasizes our commitment to quality and professionalism. This quality mark, awarded by the Dutch Personal Injury Council (De Letselschade Raad), reinforces our reputation as a reliable and expert entity within the personal injury sector.

Hardt Advocaten was founded with the goal of supporting victims of personal injury and providing the best possible legal help. With our in house lawyers, we can assist you from start to end.

First steps after a traffic accident

If you've been hit by a car as a pedestrian, it's crucial to stay calm and act quickly. First, check your physical condition and that of any other people involved. If necessary, call emergency services immediately for medical assistance. Also, gather as much information as possible about the accident: take photos of the scene, the vehicles, and your injuries.

Ask for the contact information of the driver and witnesses, and note the license plates of the vehicles involved. This information is crucial for processing your claim and we use it to substantiate your damages. If the damage was caused by a motor vehicle, but it's no longer possible to determine who caused the accident, we will recover your damages from the Guarantee Fund.

Your rights as a pedestrian in traffic

As a pedestrian, you are particularly vulnerable in traffic, and Dutch law therefore offers extra protection. If you are hit by a motor vehicle, such as a car, you are almost always entitled to compensation. This is because the driver of the vehicle bears the burden of proof: they must demonstrate that they were not at fault for the accident due to force majeure or the pedestrian's recklessness. This right to compensation also applies if you are found partly at fault. We will assess your rights and damages to help you claim the optimal compensation you are entitled to.

Contact a personal injury lawyer

Enlisting legal support is essential for claiming damages if you were hit by a car as a pedestrian. The personal injury lawyers at Hardt Advocaten will help you calculate your past and future damages. We will explain the legal procedures, provide support in substantiating and filing the claim, and negotiate with insurance companies or opposing parties.

We offer comprehensive and free legal advice on how to handle complex situations, such as those involving shared blame or disputes about the cause of the accident. This allows you to make the right choices and focus on your recovery.

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The law and pedestrian accidents

Article 185 of the Road Traffic Act

Article 185 of the Road Traffic Act is a crucial part of Dutch law that provides additional protection to pedestrians and cyclists in accidents involving motorized vehicles, such as a pedestrian collision with a car. According to this article, the driver of the motor vehicle is almost always liable, unless there is force majeure, which is not often assumed in practice. This article recognizes the vulnerability of non-motorized road users.



The basic principle is that the financial damage resulting from an accident should be covered primarily by the motor vehicle insurance. Even if the pedestrian is at fault, they will be compensated for at least 50% of their own damages. This provides pedestrians with a strong legal position, as they need worry less about the cost of their recovery after an accident.

Who is liable in the event of a pedestrian being hit by a car?

In pedestrian accidents, determining liability is essential for the compensation process. The driver of the vehicle that hits the pedestrian is usually liable, unless they can prove that the accident was caused by force majeure. This might be the case, for example, if the pedestrian suddenly ran into the road and there was no reasonable chance of avoiding the accident.

Pedestrians under 14 are subject to even stricter protection; intent or recklessness bordering on intent is rarely accepted, meaning liability almost always lies with the driver. Our personal injury lawyers will assist you free of charge in holding the other party liable and filing a claim on your behalf.

Exceptions to the rule

While the law strongly protects pedestrians, there are exceptions where a pedestrian may receive no or less compensation. These exceptions include situations where the pedestrian's own actions are proven to be intentional or reckless. For example, if a pedestrian deliberately jumps in front of a car or walks into the road while intoxicated, this can lead to a reduction or even exclusion of the right to compensation if conscious recklessness is established. In practice, however, this is not often accepted.

In such complex situations, legal assistance is essential to understand all the nuances of the case and adequately defend your rights. The personal injury lawyers at Hardt Advocaten are ready to assist you!

Special considerations in a pedestrian accident

Underage pedestrians

When a minor pedestrian is involved in a traffic accident, specific legal protections apply. Children under 14 are considered particularly vulnerable under Dutch law, meaning liability almost always lies with the driver of the vehicle. This means that regardless of the circumstances of the accident, the young pedestrian is entitled to full compensation for injuries and other damages.

Our personal injury lawyers will map out the past and future damages and take the necessary legal steps to safeguard your child's rights.

Shared blame in a pedestrian collision with a car

In situations where both the pedestrian and the driver are partly responsible for the accident, compensation is often divided according to the degree of fault of each party. This concept of shared fault can be complex and requires a detailed analysis of the accident. Even if pedestrians are found partly at fault, as vulnerable road users, they are generally entitled to compensation of at least 50% of their own damages. The exact percentage of compensation is determined through a settlement or by the court.

Legal advice is essential in such cases to ensure a fair division of responsibility and compensation. Hardt Advocaten offers free legal support in claiming your personal injury damages, so you get what you're entitled to.

Accidents involving non-motorized vehicles

Pedestrian accidents include not only collisions with cars, but can also involve cyclists, skaters, or other non-motorized vehicles. In these cases, the legal nuances are different. The question of fault can be more complex if both parties are non-motorized. Determining liability requires a thorough reconstruction of the accident and an assessment of the relevant traffic laws. The outcome of these cases often depends on witness statements and evidence of negligence on one side. Our personal injury lawyers will assess your damages and explore your options with you.

Frequently Asked Questions about Pedestrian Accidents

Who is liable if I, as a pedestrian, am hit by a car?

As a pedestrian, you are usually entitled to compensation if you are hit by a car. The driver is responsible, unless they can demonstrate that there was force majeure or that you, as a pedestrian, acted recklessly. We will carefully investigate your situation and use our legal expertise to protect your rights.

Can I claim compensation for a pedestrian collision with a car if the driver drove off?

Yes, even in the case of a hit-and-run accident where the driver continues driving after the collision, you may be entitled to compensation as a pedestrian. In the Netherlands, you can appeal to the Motor Vehicle Guarantee Fund in such cases. It is important to inform the police as soon as possible after the accident and gather all available evidence to support your claim.

Our personal injury lawyers will help you substantiate and submit your claim to the Guarantee Fund, so you can focus on your recovery.

Am I entitled to compensation if I am partly at fault for the accident?

Yes, even if you are found partly at fault, you may still be entitled to compensation. Under Dutch law, the driver of a motor vehicle bears greater responsibility, and compensation can be adjusted proportionally based on the degree of culpability of both parties. Typically, you will be compensated for at least 50% of your own damages. We calculate your past and future damages so you receive the compensation you are entitled to.

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Suffering personal injury? We'll help you get back on track. Contact us for a free consultation.

Hardt Advocaten: Expert legal assistance in the event of personal injury following an accident as a pedestrian

Types of injuries if you are hit as a pedestrian by a car

Hardt Advocaten offers specialized assistance in a wide range of situations, from traffic accidents to workplace accidents. Our goal is to provide each client with tailored legal support, tailored to the specific circumstances of the accident. Recognizing the diverse challenges that personal injury cases present is the first step toward a targeted approach.

If you have been involved in a traffic accident, you may be left with various complaints.

Examples of injuries include:

• Neck injury
• Whiplash
• Head injury
• Spinal cord injury
• Knee complaints
• Bone fractures
• Scars
• Mental complaints

For optimal recovery from personal injury after an accident, it's crucial to initiate appropriate medical treatments promptly to prevent further or permanent damage as much as possible. Medical treatments for personal injury include physiotherapy, rehabilitation programs, occupational therapy, and/or psychotherapy. We'll work with you to determine what you need to recover from your injury.

Claiming damages for traffic accidents, industrial accidents and other accidents

Traffic accidents represent a significant portion of personal injury cases. Whether you're involved as a driver, cyclist, pedestrian, or passenger, the consequences can be far-reaching. At Hardt Advocaten, we focus on claiming damages and providing the necessary support in the social services sector to smooth your path to recovery and improve the situation before the accident. With us, you are our priority.

Collecting evidence after a traffic accident

Collecting evidence is a critical step in claiming compensation after a car accident. Immediately after the accident, it's important to gather as much evidence as possible. This includes photos of the accident scene, your injuries, and any damage to personal property. It's also crucial to gather the names and contact information of witnesses who can support your version of events.

Medical reports prepared by a doctor immediately after the accident will serve as evidence of your injuries and are invaluable in supporting your claim. We will help you gather evidence and use it to support your claim.

Payment of compensation

Once the evidence has been gathered, the other party has been found liable, and the claim has been filed, the other party's insurer will launch an investigation into the accident, and our personal injury lawyers will discuss appropriate compensation. Depending on the complexity of the case, this process can take some time. During this period, we will keep you updated on all developments.

If you've suffered personal injury, you may face additional (medical) costs. That's why we request interim advances to alleviate acute financial hardship during the personal injury claim process. The insurer will propose compensation.

We advise you on making the right choices, ensuring you receive the compensation you're entitled to. If the outcome is unsatisfactory, we can, in consultation with you, take the case to court. In many cases, however, a settlement is reached without the need for a lawsuit.

Your options

We offer comprehensive legal support, aiming to restore the situation as much as possible to its pre-accident state. Our lawyers are dedicated to ensuring your damages are fully compensated by obtaining the compensation you are entitled to.

Would you like to know more, or have you been involved in a pedestrian accident? Feel free to contact us, free of charge, to discuss your options. You can reach us by phone at 030 2690063 or through our contact form. We'll help you move forward!

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I'm very pleased with Hardt's services after my motorcycle accident. I was kept informed throughout the entire process. Thanks to their dedication, I received the fair compensation I was entitled to, even though I didn't realize I was entitled to it. I recommend Hardt to anyone who needs help with personal injury cases.

Thanks again Team Hardt.