Dutch law makes a liability exemption for vulnerable road users, among whom pedestrians and cyclists, when they are involved in crashes with motor vehicles. This regards Article 185 of the Road Traffic Act 1994 [44] about strict liability, accessibly summarised in Wikipedia [45]. Among other things, this implies that in crashes between motor vehicles and vulnerable road users, the owner of the motor vehicle is liable by default irrespective of who was at fault. This legal principle was adopted due to the higher risk of serious injuries for vulnerable road users in crashes with much heavier motor vehicles. Only in a proven case of force majeure will this principle be dropped.
Jurisdiction distinguishes between children younger than 14 and vulnerable road users aged 14 or over. Force majeure is never actually granted in the case of children under 14. Drivers are expected to take unpredictable child behaviour into account at all times. In the case of older children and adults, force majeure is only granted in exceptional cases as well. Liability also differs. In the case of children younger than 14, the damage is borne entirely by the liable owner of the motor vehicle. The guiding principle is that children hardly ever cause damage intentionally and are mostly unaware of their hazardous behaviour. In the case of older children and adults, the motor vehicle owner is liable for at least 50% of the damage. The other 50% depends on the extent to which the cyclists or other vulnerable road users themselves are (partly) to blame for the crash. For more background information and clarification, see the Letter to Parliament sent by the Minister of Security and Justice in November 2020 nden en uitleg over deze wet een Kamerbrief van de minister van Justitie en Veiligheid van november 2020 [46] and the ANWB website [47].
It is sometimes suggested that the law on strict liability could result in more hazardous behaviour by cyclists (or pedestrians). Yet, there is no evidence at all, and considering their physical vulnerability in a crash with a car or other motor vehicles, such an effect seems unlikely.
