Own Fault and Article 6:101 BW: Liability Division in Tilburg Injury Cases
In Tilburg, with its busy traffic around the Spoorzone and Heuvelstraat, Article 6:101 BW fits perfectly with local accidents. This article takes into account the victim's own fault, as a result of which the compensation is reduced by a percentage that reflects the victim's own contribution to the personal injury. It encourages personal responsibility, especially in a vibrant city like Tilburg where cyclists and scooter riders are plentiful.
Assessment Criteria in Tilburg Context
Judges in the Rechtbank Oost-Brabant, which handles Tilburg cases, look at:
- Behaviour before the incident (e.g. not hands-free calling while cycling on the Korvellaan).
- Duty to mitigate damage after the accident (e.g. skipping therapy at a local physio in the Tuinstraat).
- Comparative fault in typical Tilburg traffic accidents, such as collisions at the Hasselt roundabout.
Typical Percentages in the Region
| Situation | Often Applied Percentage (Tilburg Cases) |
|---|---|
| Cycle helmet not worn on cycle paths | 25-50% |
| Seatbelt not worn in cars around city centre | 15-30% |
| Exceeding speed on ring roads | 50-100% |
Local Case Law and Tips
In Tilburg cases such as ECLI:NL:RBOME:2022:1234 (fictitious example from Oost-Brabant) own fault is strictly assessed, particularly in scooter accidents in the Oud-Zuid neighbourhood. Victims counter this with evidence of local circumstances, such as heavy cycle traffic. Advice for Tilburg residents: always document your behaviour, medical advice from the ETZ Hospital and traffic circumstances to minimise own fault. Consult a local personal injury lawyer for specific defence.