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Own Fault and Article 6:101 BW in Injury Cases in Delft

Article 6:101 BW divides liability in cases involving the victim's own contribution in Delft injury cases. Percentages vary by situation, such as bicycle helmet use on TU routes or mitigation of damage at Reinier de Graaf. Case law provides guidelines for reduction of compensation.

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Own Fault and Article 6:101 BW: Liability Division in Delft Injury Cases

In Delft, with its busy bicycle traffic around the TU and historic city center, Article 6:101 BW fits perfectly with local accidents. This article takes into account the victim's own fault, as a result of which the compensation is reduced by a percentage that reflects the victim's own contribution. It encourages responsible behavior on the Delft canals and bike paths.

Assessment Criteria in Delft Context

Judges in the Rechtbank Den Haag, which handles Delft cases, look at:

  • Behavior before the incident (e.g., not hands-free calling while cycling on Phoenixstraat).
  • Duty to mitigate damage after the accident (e.g., ignoring therapy at the Delft hospital Reinier de Graaf).
  • Comparative fault in typical Delft traffic accidents, such as collisions on the Markt.

Typical Percentages in Delft

SituationOften Applied Percentage
Bicycle helmet not worn on busy routes25-50%
No lights on bicycle in the evening15-30%
Running a red light at Delft-Zuid station50-100%

Relevant Case Law for Delft

In cases such as ECLI:NL:HR:2021:567 and local rulings on bicycle accidents in Delft, own fault is strictly assessed, especially for non-compliance with traffic rules on the bridges. Victims can counter this with evidence of necessity, such as crowds around the Technopolis. Advice for Delft residents: always document your behavior, witness statements from the police, and medical advice from local general practitioners to minimize own fault and obtain maximum compensation.