Evidence in Cases of Own Liability in Personal Injury in Rotterdam
In the bustling streets of Rotterdam, proving own fault is crucial. Learn how port workers, cyclists, and motorists on the Erasmus Bridge or Alpha Bridge fight the 50% limit with local evidence.
In personal injury cases in Rotterdam, everything revolves around evidence for the apportionment of liability (art. 6:101 BW). Insurers dive into witness statements from Rotterdam port employees, camera footage from the Erasmus Bridge, and police reports from the Maasstad to determine your fault percentage. Above 50%? Then your claim lapses, even after a collision on the Willemsbrug.
How is evidence collected in Rotterdam cases?
Rotterdam judges base their decisions on objective evidence such as black box data from trucks in the port, medical reports from Erasmus MC, or traffic cameras near the Kralingse Plas. Subjective factors such as 'traffic insight' in the busy city center carry significant weight. In 70% of Rotterdam personal injury cases, an independent expert rules on causation and fault.
Example: Scooter accident on the Coolsingel
You speed over the Coolsingel (evidence: GPS data from your scooter app), while the other party turns at the Markthal without signaling. An expert from the Expertisebureau Rotterdam estimates your fault at 45%, so you receive 55% compensation. At 55% fault: unfortunately, zero payout.
Tip: Keep all receipts from Rotterdam tram cameras, witness statements from passersby at the Kubuswoningen, and immediately commission a counter-expertise from a local agency to challenge the 50% threshold. This way, you maximize your claim in the port city.