Do you still have a right to speak after an accident in which you yourself exceeded the speed limit within built-up areas by 81 kilometers per hour? Can you blame the other road user with whom you collided for the injuries sustained? A motorcyclist thought so, but the court in Den Bosch rejected that. He must pay for his own damage and its repair himself, as well as the legal costs.
The accident happened on October 11, 2020, at the intersection of Dr. Berlagelaan and Hendrik Staetslaan in Eindhoven, around half past one in the afternoon. An investigation has shown that the motorcyclist was approaching the priority intersection at a speed of 131 kilometers per hour.
Motor scooter should have given way
About forty meters before that intersection, the driver began to slow down. A motor scooter was approaching from the right that should have given him the right of way. That did not happen, after which the two vehicles crashed into each other. The motorcyclist must have reached a speed of 85 kilometers at that time.
The collision was so hard that in addition to the fire brigade and an ambulance, a trauma helicopter had to be called in. Both drivers were seriously injured. More than two years later, the motorcyclist is still so bothered by it that he took the man who was sitting on the motor scooter to court. He thinks that the driver should have been more careful before crossing the road. Therefore, his insurer should pay half of his damage.
The court does not dispute that the scooter rider should have given way. Normally you should do the same, even if another road user is speeding. “As a rule, a priority error in traffic law outweighs an exceeding of the speed limit,” the ruling states.
‘Accident mainly to be blamed on motorcyclist’
But in this case, the motorcyclist drove disproportionately too fast, which contributed to the accident to a ‘very high degree’, the judge ruled. Moreover, the scooter rider had approached the intersection carefully, so there was no question of a traffic error. An investigation has also shown that the two would not have collided if the motorcyclist had adhered to the speed limit. In short: the motorcyclist’s claim has been rejected.