Exceptions to the 50%-rule in personal injury cases in Delft

Exceptions to the 50%-rule in personal injury cases in Delft

In Delft, the 50%-rule has important exceptions, especially in accidents at busy places such as the Markt or Phoenixstraat. Discover when you can still claim compensation despite your own liability of 50% or more.

Although Article 6:106 of the Dutch Civil Code is strict, there are exceptions to the 50%-rule, relevant for residents of Delft in local traffic situations. In cases of force majeure, such as slippery roads due to rain around TU Delft, or if the counterparty acted recklessly, the court may deviate. Also in cases of minor traffic violations on bike paths along the Nieuwe Delft or for vulnerable road users such as students and children, a milder application often applies.

When does an exception apply in Delft?

A common exception is in cases of professional liability, for example if your employer was negligent with safety regulations on a construction site near the TU campus. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors in Delft hospitals with own non-compliance, the court takes into account local circumstances such as heavy bicycle traffic.

Example: Students and young people in Delft

A 19-year-old TU Delft student ignores a stop sign on Mijnbouwstraat (50% fault), but the motorist is not paying attention due to distraction. Courts apply the rule flexibly due to age and local context, resulting in partial compensation, as in recent District Court of The Hague cases.

Advice: Gather evidence of exceptions, such as witness statements from bystanders on the Delft canals, and engage a local personal injury lawyer to claim your rights at the District Court of The Hague, Delft branch.