Protection of Cyclists in Traffic Law in Delft
In Delft, a true cycling city with thousands of students and commuters on bikes, traffic law provides extra protection for cyclists as vulnerable road users. Priority rules give cyclists right of way over motorized traffic, particularly at intersections and when overtaking, as laid down in the Road Traffic Act. This helps residents of Delft claim personal injury compensation after a collision.
What does cyclist protection in Delft entail?
Cyclists are considered vulnerable road users under Dutch traffic law, lacking the safety of a car body and often less visible. The law protects them against accidents and compensates for damage. In Delft, where cycle paths along the canals and around TU Delft are busy, numerous incidents each year lead to claims. This article highlights these rules, with a focus on personal injury, and refers to our overview on personal injury for hit cyclists.
With countless accidents between cyclists and cars or buses in Delft, protection focuses on prevention, fault attribution, and compensation. Crucial is the reversed burden of proof: in collisions with motorized vehicles, the driver must prove they were not at fault, strengthening the cyclist's position in Delft.
Legal basis for cyclists in Delft
The foundation lies in the Road Traffic Act 1994 (WVW) and the Regulations on Traffic Rules and Traffic Signs 1990 (RVV). Key provisions:
- Article 5 WVW: Motor vehicles must exercise extra caution towards cyclists.
- Article 11 RVV: Cyclists have priority on cycle paths and at crossings.
- Article 6:162 BW (ex Article 185 WVW): Strict liability for car drivers towards vulnerable road users.
- Article 185(1) WVW: In a collision with a motorized vehicle, the driver is primarily liable unless proven otherwise.
The Civil Code (BW), particularly Article 6:95 BW, governs damage claims based on tort. Supreme Court rulings, such as the 'Traffic Light Judgment' (1985), affirm cyclist priority. The same rules apply to e-bikes in Delft; mopeds (max. 25 km/h) require helmets for youths under 18.
Practical examples from the Delft region
Example: a Delft student cycles on the path at Phoenixstraat and is hit by a car ignoring a stop sign. Article 11 RVV required yielding; the cyclist claims medical costs, loss of income, and pain and suffering. In a similar case, the District Court of The Hague assigned 100% liability to the motorist.
When overtaking on Delftseweg, a car must respect Article 12 RVV with 1.5 meters distance. Overtaking too closely led the District Court of The Hague to award €15,000 for a fracture. Young cyclists near schools receive enhanced protection; parents claim via the Municipality of Delft or WVW.
Rights and duties of cyclists in Delft
Cyclists in Delft have rights and duties. Overview:
| Rights | Duties |
|---|---|
| Priority at shark teeth markings and cycle paths in Delft. | Lights and reflectors after sunset (Article 5:53 RVV). |
| Damage claim including psychological injuries such as PTSD. | No alcohol in traffic (Article 8 WVW). |
| Reversed burden of proof against motorized vehicles. | No cycling on sidewalks, except exceptions (Article 5:2 RVV). |
| Assistance via Juridisch Loket Delft or injury insurance. | Helmet strongly recommended, mandatory for <13 on moped. |
Contributory negligence, such as ignoring a red light, reduces compensation (20-50%). After accidents, contact the Juridisch Loket Delft for free advice.
Frequently asked questions about cyclist protection in Delft
Am I as a Delft cyclist always protected against cars?
No, violations like running a red light lead to shared fault. The District Court of The Hague assesses both sides.
Impact of no helmet in Delft?
No obligation for adults, so usually no impact on claims, unless gross negligence.
How do I claim as a cyclist in Delft?
Report immediately to police, take photos, and consult Juridisch Loket Delft or a lawyer for free initial advice. The Municipality of Delft sometimes provides traffic safety information.