Comment by danieldk
2 days ago
If its clearly the biker its still 0% for the car.
It's a bit more complicated than that. The car is only 0% responsible in the case of 'force majeur'. Which means that it was impossible for the driver of the motorized vehicle to avoid the accident.
https://news.ycombinator.com/item?id=41625337
Quoting it here:
I briefly studied law in the Netherlands and it was used as an example. Our lecturer told us that if "A person on a bike would jump out of an airplane on a bike, land with a parachute on a highway and get hit by a car, just maybe would the car have a case." The reasons for this are varied. Cars are insured, bikes are not. But most importantly, in basically all traffic situations with cars and bikes the car introduces the danger and should thus bear the responsibility of any accidents.
It's a bit more complicated than that even.
While not going into details: 1. This only concerns liability for damages. 2. It is not necessarily the case that the cyclist is exempt from (fully) compensating the motorized driver for their damages, even if the cyclist is reimbursed for (a portion of) their own damages.
Also note that most cyclists are insured!