Protection of Cyclists in Traffic Law in Amsterdam
In Amsterdam, the quintessential cycling city, traffic law provides extra protection for cyclists as vulnerable road users against accidents and personal injury. With busy traffic around the canals and bike paths, cyclists enjoy priority at intersections and when being overtaken, as stipulated in the Road Traffic Act. This helps Amsterdammers claim compensation after a collision.
What does cyclist protection in Amsterdam entail?
Cyclists are considered vulnerable road users under Dutch traffic law, lacking the safety of a car and often less visible amid Amsterdam's heavy car traffic. The legislator has introduced strict rules for prevention and compensation. This article highlights these rules with a focus on personal injury, and refers to our overview on personal injury for hit-and-run cyclists.
Amsterdam sees countless cycling accidents each year, particularly with cars in the city center or at busy roundabouts. The emphasis is on prevention, liability, and compensation, reinforced by the reversed burden of proof: in collisions with motor vehicles, the driver must prove they are not at fault.
Legal basis for cyclists in Amsterdam
Protection is based on the Road Traffic Act 1994 (WVW) and the Road Traffic Signs and Regulations 1990 (RVV). Key provisions:
- Article 5 WVW: Motor vehicles must exercise extra caution toward cyclists on Amsterdam's bike paths.
- Article 11 RVV: Priority for cyclists at intersections with cars, crucial at shark's teeth markings.
- Article 6:162 BW (ex Article 185 WVW): Strict liability for drivers in accidents with cyclists.
- Article 185(1) WVW: In collisions with motor vehicles, the driver is liable unless proven otherwise.
The Civil Code (BW), particularly Article 6:95 BW, governs damage claims. Supreme Court rulings such as the 'Traffic Light Judgment' (1985) emphasize cyclist priority. The same rules apply to e-bikes; mopeds (up to 25 km/h) require helmets for youths under 18.
Practical examples from Amsterdam
A cyclist on the bike path along the Amstel is hit by a car running a red light. Article 11 RVV mandated priority. The cyclist claims injury, loss of income, and non-pecuniary damages. In 2022, the District Court of Amsterdam held a driver 100% liable for failing to notice in time.
When overtaking on Wibautstraat, Article 12 RVV requires a 1.5-meter distance. Overtaking too closely led the subdistrict court of Amsterdam to award €15,000 for a broken arm, thanks to the reversed burden of proof.
For children, WVW applies primarily; parents claim via the District Court of Amsterdam.
Rights and duties of cyclists in Amsterdam
Cyclists in Amsterdam have rights and duties:
| Rights | Duties |
|---|---|
| Priority on bike paths and shark's teeth in the city. | Lights and reflectors at night (Article 5:53 RVV). |
| Damage claim for third-party fault, including psychological harm. | No alcohol/drugs (Article 8 WVW). |
| Priority over motor vehicles (reversed burden of proof). | No cycling on sidewalks (Article 5:2 RVV), except exceptions. |
| Assistance via Amsterdam Legal Aid Office or insurance. | Helmet recommended; mandatory for under 18 on mopeds. |
Compensation covers injury and PTSD. Contributory negligence (e.g., running a red light) reduces payout by 20-50%.
Frequently asked questions about cyclist protection in Amsterdam
Am I as an Amsterdam cyclist always protected against cars?
No, violations like running a red light can constitute contributory negligence. The District Court of Amsterdam weighs both sides.
What if I wasn't wearing a helmet?
No obligation for adults, so no automatic reduction. Rarely contributory negligence.
How do I claim damages as a cyclist?
Contact the Amsterdam Legal Aid Office immediately or a personal injury lawyer for free advice, and the Municipality of Amsterdam for accident reports.