Protection of Cyclists in Traffic Law in Rotterdam
In Rotterdam, with its extensive cycling network along the Maas and busy port areas, 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. This is regulated in the Road Traffic Act and helps Rotterdam residents claim personal injury compensation after a collision.
What does cyclist protection in Rotterdam entail?
Cyclists are considered vulnerable road users under Dutch traffic law, lacking the safety of a car body. In Rotterdam, where thousands of cycling accidents occur annually – often around the Erasmus Bridge or in city centers – prevention and compensation are crucial. The law protects against accidents and damage. This article highlights personal injury claims and refers to our overview on personal injury for hit cyclists.
The reversed burden of proof is key: in a collision with a motor vehicle, the driver must prove they were not at fault, strengthening the cyclist's position, especially on Rotterdam cycle paths.
Legal basis for cyclist protection
The protection is based on the Road Traffic Act 1994 (WVW) and Regulations on Traffic Rules and Traffic Signs 1990 (RVV). Relevant articles:
- Article 5 WVW: Motor vehicles must exercise extra caution towards cyclists.
- Article 11 RVV: Cyclists have priority on cycle paths and at vehicle crossings.
- Article 6:162 BW (ex art. 185 WVW): Strict liability for motorists towards vulnerable parties.
- Article 185(1) WVW: In a collision with a cyclist, the motorist is primarily liable unless proven otherwise.
The Civil Code (BW), including Article 6:95 BW on tort, governs compensation. Supreme Court rulings such as the 'Traffic Light Ruling' (1985) confirm cyclist priority. The same rules apply to e-bikes in Rotterdam; mopeds (max 25 km/h) require helmets for youths under 18.
Practical examples in Rotterdam
A cyclist on a priority path near the Willemsbrug is hit by a car that fails to stop: Article 11 RVV mandates priority. Claim medical costs, loss of income, and pain and suffering. In 2022, the Rotterdam District Court held a motorist 100% liable for failing to brake in time, despite the cyclist's slight speeding.
When overtaking on the Coolsingel, Article 12 RVV requires a 1.5-meter distance. Overtaking too closely led to a €15,000 award by the Rotterdam District Court for a broken arm, thanks to the reversed burden of proof.
Children receive extra protection under the WVW; parents can claim from the Municipality of Rotterdam or insurers.
Rights and duties of cyclists in Rotterdam
Overview of rights and duties:
| Rights | Duties |
|---|---|
| Priority on cycle paths and shark's teeth markings in Rotterdam. | Lights at night (art. 5:53 RVV). |
| Damage claim if others are at fault, including psychological injuries. | No alcohol/drugs (art. 8 WVW). |
| Priority over motor vehicles (reversed burden of proof). | No cycling on sidewalks (art. 5:2 RVV). |
| Assistance via personal injury insurance or Rotterdam Legal Aid Desk. | Helmet recommended (mandatory <13 yrs on mopeds). |
Compensation covers PTSD etc.; breaching duties reduces payout (20-50% for running a red light).
Frequently asked questions about cyclist protection in Rotterdam
Am I as a Rotterdam cyclist always protected against cars?
No, violations like running a red light may involve partial fault. The Rotterdam District Court weighs both sides.
What if I wasn't wearing a helmet?
No obligation for adults, so no automatic reduction. Rarely considered contributory negligence.
How do I claim damages as a cyclist?
Contact the Rotterdam Legal Aid Desk or a personal injury lawyer immediately for free advice and proceedings at the Rotterdam District Court.