Evidence in Cases of Contributory Negligence in Personal Injury Claims in Delft
In Delft, success in personal injury claims depends on evidence regarding contributory negligence. Learn about witnesses, CCTV footage, and expert reports that determine the 50% threshold at busy spots such as the Markt or Phoenixstraat.
In personal injury cases in Delft, everything revolves around evidence for the apportionment of liability (art. 6:101 BW). Insurers analyze witness statements from cyclists on Pelikaanstraat, CCTV footage from Koepoortbrug, and police reports of accidents near the station to determine your percentage of fault. Over 50% fault? Then your claim fails entirely.
How is Evidence Collected in Delft?
Judges at the District Court of The Hague (for Delft cases) base their decisions on objective evidence such as black box data from cars on Rotterdamseweg or medical reports following falls on slippery TU campus paths. Subjective factors such as 'traffic insight' in the historic city center carry significant weight. In 70% of local cases, a traffic expert rules on causation, often focusing on cycle paths and canals.
Example: Cycling Accident on the Markt in Delft
You cycle too fast over the cobblestones of the Markt (evidence: dashcam from a tourist), while the other party turns without ringing their bell near the Nieuwe Kerk. An expert estimates your fault at 45%, so you receive 55% of the personal injury compensation. At 55% fault: nothing at all.
Tip: Immediately preserve all documents, such as witness statements from Delft residents, and engage a local personal injury lawyer for a counter-expertise. In Delft cases with extensive CCTV surveillance at the station or Bagijnhof, this can tip the 50% boundary.