Evidence in Cases of Partial Liability in Personal Injury in Tilburg
In Tilburg, proving partial fault in personal injury cases requires solid evidence. Discover how local insurers and judges around the Spoorzone determine the 50% threshold and how to defend against claims on the busy roads.
In personal injury cases in Tilburg, everything revolves around evidence for the apportionment of liability (art. 6:101 BW). Insurers of Tilburg cyclists and scooter riders on the Heuvelstraat use witness statements, city center camera footage, and traffic police reports to establish your percentage of fault. If it exceeds 50%, your claim lapses – a common scenario in accidents near Pieter Vreedeplein.
How is Evidence Collected in Tilburg?
Judges at the Rechtbank Oost-Brabant, 's-Hertogenbosch branch, base their decisions on objective evidence such as black box data from cars on the Ringbaan Oost or medical reports from ETZ hospital. Subjective factors such as 'traffic insight' in busy Tilburg traffic carry significant weight. In 70% of local cases, a traffic expert determines causality, often with input from the Municipality of Tilburg's traffic cameras.
Example: Scooter Accident on Heuvelstraat
You are speeding on your scooter through Heuvelstraat (evidence: GPS data and ANWB cameras), while the other party turns without signaling near the textile shop. A Tilburg expert assesses your fault at 45%, so you receive 55% compensation. At 55% fault, such as reckless overtaking near Koostraat: zero compensation.
Tip: Keep all documents, including Tilburg parking tickets and market witnesses, and immediately commission a counter-expertise from a local personal injury lawyer to challenge the 50% threshold. This maximizes your chance of compensation in this vibrant city.