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Road authority liability

Dutch roads are usually well maintained, with clear road signs and free of junk. If they are not, it can create dangerous situations. You may be injured by a hole in the road, unclear traffic situation or fallen tree trunk. When does this fall under the road authority’s liability? And then how can you claim your compensation?

Aansprakelijkheid Wegbeheerder 1 Aspect Ratio 1 1

Loose paving stone

Bad road surface

Road debris

At a tunnel that must have been closed due to road works, a scooterist was injured by an iron fence at eye level.

Scooterist injured by iron fence at eye level

You ride your scooter through a dark tunnel and at the end of it you bang your head against an...

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Directly claim your compensation

You have been injured due to a dangerous situation on the road. Our lawyers can assess your case immediately. Does liability lie with the road authority? Then you will get a personal lawyer who will directly go after the maximum compensation. Leave your name and phone number on the contact form. Tell us about your personal injury. We will call you back the same working day.

What happened?

Fill in the contact form below and receive free, no-obligation advice from our experts!

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Tell us what happened:*

Your name:*

الاول الاخير

Your phone number:*

Your e-mail address:*

Date of the accident:*

What is the task of the road authority?

The road authority is responsible for ensuring that the road is well maintained and safe. Apart from the carriageways, the road includes bicycle bollards, speed bumps, bridges and locks. In addition, bicycle bollards, traffic signs and trees in the area are also the responsibility of the road authority. These things all have to meet certain safety requirements. In addition, the road authority must have regular inspections and road works carried out. After all, the road wears out due to daily use, the weather and accidents.

In the Netherlands, we also have different road authorities for different roads. The road administrator(s) for the:

national roads is Rijkswaterstaat
provincial roads are the provinces
local roads are the municipalities
water board roads are the water boards

All these road authorities face road authority liability. As a result, you can turn to them if you are entitled to personal injury compensation.

Among other things, the road authority is liable for the proper maintenance of roads, bridges and locks.

What is covered by the road authority’s liability?

If the road authority can be held liable, you are entitled to compensation. This is the case, for example, when the road authority:

was aware of the hazard but has not yet taken action and has not placed a warning sign
placed an unclear warning sign near the dangerous situation
placed bicycle poles or traffic signs unclearly or dangerously

The road authority has not fulfilled its duty of care in these situations. Do you suffer personal injury as a result? Then liability lies with the road authority. You can think, for example, of an accident caused by a:

loose paving stone or loose manhole cover
dangerously placed bicycle pole
unclear traffic sign
obstacle on the road that does not belong there
hole in the road
tree on the road that you can no longer avoid
hairs of oak processionary caterpillars from a roadside tree

In the latter situation, liability lies with the municipality, for example, if the tree is part of the public road. The road manager can be held liable for it. In this case, that would be the municipality.

In doubt as to whether you are entitled to compensation? Then contact us. Our experienced lawyers will be happy to sort it out for you.

If the road authority was aware of a loose pavement tile but did not take action and did not post a warning sign, you are entitled to compensation.

When is the road authority not liable?

The road authority must ensure that all roads are well maintained. However, he cannot be in all places at once. Sometimes there is also no budget to carry out a repartition or other dangerous situations take precedence. Therefore, the road authority cannot be held liable, for example, if:

you suffer damage from an object on the road that has just fallen from a car or from branches that have become loose because it has just stormed
the road authority has no budget or opportunity to solve the dangerous traffic situation, but has placed a clear warning sign at the dangerous situation

Has the road authority unfairly denied liability? If so, please contact us. Our lawyers will be happy to see what they can do for you.

Post-accident roadmap

All road users should be able to travel safely by road. Unfortunately, you have suffered personal injury while travelling from A to B due to a defect in the road or traffic equipment. What should you do if you have suffered personal injury as a result? Take the following steps:

Record the details of any witnesses.
Take a photo of your injuries and the traffic situation.
Get your injuries treated immediately at the hospital or by your general practicioner.
Contact an experienced lawyer to claim your compensation.
Keep a log of your damages from day one.

Witnesses, photographs, your visit to a doctor and the logbook are all evidence in your personal injury case.

What happened?

Fill in the contact form below and receive free, no-obligation advice from our experts!

Your type of accident:*

Tell us what happened:*

Your name:*

الاول الاخير

Your phone number:*

Your e-mail address:*

Date of the accident:*

How to claim compensation from the road authority?

You want to hold the road authority liable for your personal injury. Our advice is always to hire an experienced lawyer for this. It can be quite complex, for example, to hold the municipality liable for damage caused by a bad road surface. Our lawyers are experienced in these types of personal injury cases. This also has further advantages for you, including that:

You do not have to account for your injuries and other damages to the insurer
Your personal lawyer knows exactly what you are entitled to and always goes for maximum compensation
Our legal assistance is free for you because the road authority’s insurer must also reimburse our out-of-court costs

Your personal lawyer will also keep you informed of all developments in your personal injury case. As a result, you will know where you stand.

Would you like to know more about holding the road authority liable? Or have your case handled directly? Then contact us directly. Enter your name and phone number in the contact form. Tell us your story. One of our lawyers will call you back the same working day.