Poorly maintained roads or dangerous traffic situations can cause injuries and personal injury damages.
In the event of personal injury caused by a dangerous situation or a defect in the road, the “road authority” is in principle always liable. However, they often manage to get away with it!
You can injuries and personal damage due to poorly maintained roads or dangerous traffic situations. These kinds of unpleasant accidents still occur far too often in the Netherlands. In fact, the responsibility for this usually lies with the road authority.
But what is a road manager? And who is the road manager? How do you ensure compensation for your personal injury? You really need specialized help from a personal injury firm, because you can't do it alone.
Who is the road manager?
A road manager is responsible for a road and its maintenance. In most cases, the road manager is also the owner of the road. Public roads are almost always managed by a government or government agency, although this is not necessarily the case. The manager of a railway is the "rail infrastructure manager.".
Road manager liability for personal injury
The law stipulates that road managers bear a major responsibility for the maintenance of their roads, sidewalks and cycle paths.
Article 6:174 stipulates that the road manager is liable for personal injury to road users caused by poor road conditions.
You must prove that your injuries were caused by poor road conditions or a dangerous situation. And that's not easy in practice.
Because:
- if your personal injury was partly caused by your own driving behavior or
- if your personal injury would have occurred even with the correct, timely measures and sufficient maintenance or
- if your personal injury could only have been prevented with very intensive and expensive maintenance or
- if the decision whether or not to change or maintain a particular road or dangerous situation falls within the road manager's "free policy space",
In that case, the road manager is ultimately not liable! However frustrating that may be for you.
Possible legal defenses of the road manager
A road manager also has a number of important defenses to avoid liability:
- As a road user you must be aware that the condition of the road is not always perfect,
- the better you are familiar with the situation on site, the easier it will be for the road manager to demonstrate that you yourself were inattentive and
- It may be the case that there is no defect in the road itself, such as slippery conditions or oil on the road surface.
The road manager will – if at all possible – raise these defences as standard if you hold them liable for your personal injury.
Always contact a personal injury agency
The road authority's insurer has an interest in denying liability for your personal injury. You've read that they have ample defenses for this. And sometimes even against their better judgment, just "to try." The road authority itself has a vested interest in this as well, as they usually have a high deductible and often have to pay for your personal injury themselves. This is how they can avoid paying compensation for your injury.
Because you run the risk that a road authority will always automatically deny liability, it's wise to contact a personal injury firm immediately. Only then can you be 100% certain that someone is looking out for your interests.
If you ask us to assist you with your personal injury claim, we'll first work together to determine whether we can sufficiently prove your entitlement to compensation. If so, we'll ensure liability is acknowledged. From there, we'll help you with the rest of your personal injury claim.
Free legal assistance for personal injury
Hiring a personal injury law firm is completely free of charge. This is because the road authority or their insurer is also obligated to reimburse your legal costs (i.e., our fee). This is stipulated in Article 6:96 of the Dutch Civil Code. If liability is fully acknowledged, your legal costs should also be fully reimbursed.
And it is precisely on this point that we distinguish ourselves from every other personal injury firm. For even if the road authority does not acknowledge liability, or does not fully acknowledge it, you will receive completely free legal assistance. If, for any reason, the road authority does not (fully) reimburse our costs, we will cover the expenses, and you will not receive an invoice from us. We guarantee this to you in writing beforehand, so there are no hidden catches. Promised!
Need free, no-obligation advice on personal injury?
Have you suffered personal injury and believe the road authority is liable? Feel free to contact us for a free, no-obligation consultation. This doesn't obligate you to anything.
Together, we'll determine whether you're entitled to compensation for your personal injury. We can almost always tell you right away, based purely on your personal story. This way, you'll know exactly where you stand.
You can call, email, or chat with us. Whatever works best for you. We'll give you honest and clear advice. Then you can decide for yourself what to do with it.
About the author
What customers ask
Is your help really free for me?
Absolutely, our help is truly FREE.
Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).
upfront written cost guarantee with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.
We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!
Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.
If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!
When can I claim personal injury damages?
You can claim damages for personal injury due to the fault of another person injury (been injured)
Personal injury can be caused by, for example:
In addition, you may think of injuries sustained during:
- organized trip
- unsafe product or
- fall at someone else's home, in a shop or on the street
It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.
Even if it is not yet clear at that time what your injury and its financial consequences consist of.
However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).
However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).
Are you unsure whether and when you are entitled to personal injury compensation?
Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.
What injuries do you treat?
We can actually help you with all types of personal injury
Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:
- brain injury (ABI)
- spinal cord injury
- burns
- dystrophy
- bone fractures and
- cosmetic injury.
But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.
We cannot help with all types of personal injury
The only thing we cannot help you with is personal injury caused by:
- violence
- medical errors and/or
- situations of abuse.
In that situation, we will of course refer you to a party that is specialized in this.
Always request free, no-obligation advice on personal injury claims
Do you have questions about your personal injury? Or are you unsure if we're the right place for you?
Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.
When should I contact you?
You don't have to! But it's in your best interest to as soon as possible contact
Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.
But what is: as quickly as possible?
Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.
You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.
It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.
Would you like to know what's best for you? Don't hesitate to without obligation us
We'll give you right away advice clear. Then you can decide for yourself what to do with it.
If we think we can help you, we will let you know right away.
At the same time, we guarantee that our legal assistance completely free of charge .
To learn more about our FREE personal injury assistance services, click here.
What personal injury compensation amounts am I entitled to?
The personal injury compensation amounts you are entitled to are:
Allowances for additional assistance, such as:
- household help, shopping, taking children to school, etc.
- help in the garden and
- help with the maintenance and painting of your home.
In addition, your personal injury may have consequences for your income, such as:
- income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
- no more irregular hours allowance
- no longer being able to work overtime
- missed promotions and
- missed pension accrual
Finally, you can consider other equally important personal injury compensation amounts, such as:
- Study delay
- Reintegration costs for guidance to other work
- Costs associated with admission to a hospital or rehabilitation center
- Travel expenses
- Medical expenses
- Non-pecuniary damages
- Economic vulnerability
- Statutory interest
- Furthermore, all costs that you would not have incurred without the accident…
- For example, the wages you did not receive because you could not go to work.
- Gasoline because you had to go to the hospital or the physiotherapist.
- Medicines that were covered by your deductible.
In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.
This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.
Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".
If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.
Calculating non-pecuniary damages
Calculating non-pecuniary damages:
You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.
What is non-pecuniary damages?
Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.
So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".
How to calculate non-pecuniary damages
People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.
That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.
When can you calculate my non-pecuniary damages?
Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.
Only then will it be known what psychological consequences your injury has had and/or will have for you.
Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.
Important factors in calculating non-pecuniary damages
Important factors for calculating your non-pecuniary damages include:
- the nature of your injury
- the severity of your injury
- your age
- your gender
- your level of consciousness
- whether you will have permanent scars and where those scars are located
- whether you have physical limitations that affect your quality of life
- how much pain have you suffered and continue to suffer
- how long your recovery period was and
- whether you have recovered at all or whether there is permanent damage.
Indication calculation of non-pecuniary damages:
We cannot predict exactly how much your compensation for non-pecuniary damages will be.
What we can do is give you a general indication of the amount of your compensation for pain and suffering.
If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.
We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.
And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .
Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.
Stories from the field
There was a huge hole in the road. Pumps and all, I went through my ankle..
We were going to dinner with friends on Oude Dorpsstraat. The name says it all: it was an old street. I was prepared for bumps and potholes, but right on a poorly lit stretch, there was a huge hole in the road. I was wearing my new pumps and twisted my ankle and fell flat on the street. My hands and knees were scraped, my clothes damaged and dirty.
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