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Road debris

You have been injured by an obstacle on the road. Another road user has lost something on the road, the storm has torn a tree out of the ground and onto the road surface, or goods have fallen off a truck. Whatever the cause: you suffer damage. So when are you entitled to compensation for road debris?

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Accident caused by road debris

It may happen that you are driving on the motorway and a car in front of you suddenly loses a bicycle that was attached to the back of that car. This startles you so much that you abruptly turn your wheel and crash into the crash barriers. A hard collision with the crash barrier is the result. Your car suffers damage and you yourself sustain injuries from this accident.

If an accident has happened to you due to an obstacle on the road and you want to know whether you can hold someone liable for your damages, contact us today. Want to know what types of damages can be charged? Then go to the page 15 types of damage compensation and how to apply for them.

Recovering personal injury from the motorist

In the above case, it is clear that the road operator (municipality or province) cannot be held liable for the accident. In this case, that is the owner of the car on which the bicycle was not properly secured. Hopefully, this motorist noticed this and stopped. In that case, you can recover your car damage and personal injury from this motorist.

It is different if this bicycle falls off the car, the driver does not notice it, and then this bicycle remains half in the verge half on the road for several days. The government has a duty to regularly check the (highways) for road debris. If you have an accident days later due to this obstacle on the road, you can hold the road authority liable in most cases.

Damage caused by road debris

As described above, the road authority should have been able to remove the object. If this is not the case, the municipality is not liable in most cases. In the case of fallen truck loads, it is difficult to hold the municipality liable because it is not known when the load ended up on the road. Of course, in these cases, the driver of the car is primarily liable. But often it is untraceable.

Owner is liable for obstacle on the road

In the Netherlands, whoever causes damage must compensate for it. If you collide with the fallen bicycle, or have to swerve as a result, the owner of the vehicle from which the bicycle fell must compensate for the damage.

Road authority liability

Things can be different if a tree suddenly falls on the road. If you suffered damage because you did not see the tree and could not swerve, the road authority may be liable. In that case, the tree must pose a hazard. In other words, it must not be next to the road. In addition, you have to prove that your damage was caused by this tree.

Tree on the road

Also in this case, the road manager must have had the opportunity to remove the obstacle on the road. If the tree blows down during a storm and you drive into it shortly afterwards, it is very difficult to hold the road manager liable.

Did the municipality check the trees?

Well, in that case, we still need to find out whether the tree was perhaps rotten and that the risk of it falling over was obvious. The municipality or the province have a duty to check trees regularly for weak spots.

Road debris in the form of trees and branches should be cleared by the municipality.

Municipality public road liability

The municipality is liable for a defect in the road that creates a danger and risk of harm to road users under normal road behaviour.

When is the road authority usually liable:

There is a large deep hole in the road
A manhole cover is missing

If the above is the case, you can hold the municipality liable for damage caused by poor road surface. Our lawyers can help you recover your damages from the municipality free of charge. Read here how this is possible in the Netherlands.

When is the road authority not liable

If it could not have prevented the damage.
If there were insufficient funds or resources to carry out further maintenance or inspection. This is because the road authority cannot check all roads every hour.
The road authority is also usually not liable if it can prove that the accident happened because of the victim’s road behaviour. For example, if the victim drank too much or drove too fast.

Our lawyers can find out for you whether you can hold the road authority liable.

If you have been injured because a manhole cover is missing from the road surface, the road authority is usually liable for your personal injury.

Municipal liability for poor road surface

If road maintenance is so poor that an accident occurs as a result, the road authority is almost always liable for the damage. However, the municipality may also have to place warning signs on roads where the road surface is poor. However, it should not be the case that the road manager then maintains the poor condition of the road for months thereafter.

Road authority liability

The road manager must take responsibility for the maintenance and construction of roads. This also includes road equipment. This includes speed bumps and crash barriers. There are several government bodies that may be responsible, such as the municipality, province or state. Not sure who you can hold liable for an accident caused by road debris? Our lawyers can help you free of charge! Please contact us to do so.

Should there be a defect in a speed bump and you have an accident as a result, the road authority may be held liable. If it is not clear who the road authority is, a lawyer from JBL&G can find out for you free of charge. That way, we will know who should be held liable for the consequences of the accident.

What happened?

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

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Do you have an SVI insurance policy?

If a passenger damage insurance (SVI) was taken out on the car in which the accident happened, you are insured for all the above accidents. Even in that case, please contact us to make sure that all your costs are covered by your SIV insurer.

Truck loses cargo on motorway

It can happen that a truck loses its load on the highway. There are then very high chances of accidents happening to the cars behind. For instance, on 24 April, a truck probably collided with a vehicle closing the road. The accident happened on the A1 motorway. Following this, the truck overturned. The cars transported by the truck ended up on the road surface. Whether any personal injury was sustained remains to be seen. Should there be any victims, they can recover personal injury damages from the truck’s insurer.

Would you like more information about the personal injury process or have us handle your case directly? Then fill in the contact form with your name and phone number. Tell us your story. One of our lawyers will call you back the same working day.

Frequently asked questions from personal injury victims

How much compensation can I claim?

Our lawyers can provide you with a very accurate estimate without any obligation. The amount of your compensation will depend on your specific situation. It looks at the accident, your injuries and your personal situation.

Why do you advise me to seek legal assistance?

After an accident, you face a lot of misery at once. You have physical complaints, you are uncomfortable and you suffer financial losses. At the same time, you need to hold the other party liable. This is very stressful and complex. You are also entitled to free legal assistance. We can assist you free of charge because our costs are reimbursed by the liable party.

How do I know if JBL&G’s legal assistance is reliable and expert?

Our firm meets all the requirements set by the Personal Injury Council. This ensures professional handling of your personal injury case. Furthermore, we are a member of the Personal Injury Quality Mark. Read the experiences of clients who have gone before you and you can be sure that you are in good hands with the lawyers at JBL&G.

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