On 1/1/1995, the Law of 30/3/1994 entered into force. This Law protects the weaker vicims of traffic accidents. In so doing, the Belgian legislature was inspired especially by the applicable French Law, more particularly the Badinter Law of 5/7/1985. The new Law has been integrated into the Law of 21/11/1989 on compulsory insurance for motor vehicles. It is the insurer of the motor vehicle who has the duty to pay compensation. The Law is to be applied on the assumption of a traffic accident which involves a motor vehicle. In this paper, the author concentrates on the last-named precondition, that a motor vehicle be involved in the accident. However, the weaker road user will not be protected by this law where they have committed a serious error attribuatable to them. This exclusion does not, however, apply to children below the age of 14. The weaker road user who becomes the victim of a traffic accident will receive compensation even where he/she has committed a fault, and even in cases of force majeure or a fault committed by a third party.
Samenvatting