Vulnerable Road Users in Belgium: Protection and Road Safety
In today’s traffic, vulnerable road users are taking on an increasingly important role in Belgium. Cyclists, pedestrians, and other vulnerable road users such as scooter users and wheelchair users are at greater risk of serious injuries in traffic accidents. Fortunately, Belgian legislation pays a lot of attention to their protection, but despite these measures, the number of accidents remains worryingly high. Particularly in busy cities where the number of motorized vehicles and cyclists is increasing, the safety of vulnerable road users is a permanent challenge.
Who are the Vulnerable Road Users?
Vulnerable road users are mainly pedestrians and cyclists, but also other non-motorized road users who are vulnerable in traffic, such as users of scooters, strollers and wheelchairs. This group is extra vulnerable because they do not have the same protection as people in cars or other motorized vehicles. In addition to pedestrians and cyclists, the elderly and children are also often considered vulnerable road users, because they are physically less resilient in traffic and can react less quickly to dangerous situations.
Legislation for the Protection of Vulnerable Road Users: Article 29bis of the WAM Act
In Belgium, there is specific legislation designed to protect the rights of vulnerable road users. An important part of this is Article 29a of the Motor Vehicle Liability Insurance Act ( WAM Act ) . This article states that, in the event of a traffic accident involving a motorised vehicle, liability in most cases lies with the driver of that vehicle. This means that even if the vulnerable road user makes a traffic error, he or she is still entitled to compensation in many cases.
Article 29a places emphasis on the protection of vulnerable road users, assuming that this vulnerable group deserves more protection. Liability is almost automatically assigned to the driver of the motorised vehicle, which provides an additional layer of protection for the vulnerable road user. In complex situations or disputes, it may be advisable to consult a specialised traffic lawyer , who is familiar with the nuances of Article 29a and other traffic laws.
The Importance of Road Safety and Infrastructure
Although legislation provides a strong basis for protecting vulnerable road users, accident prevention remains essential. This means that all road users must be aware of each other’s vulnerability, and that extra attention must be paid to safe infrastructure. The government and local authorities are therefore committed to increasing road safety through campaigns and infrastructure improvements. For example, cycle paths, zebra crossings and pedestrian zones are increasingly being constructed to create safe routes for these vulnerable groups. By separating these zones from busy roads, the risk of accidents is significantly reduced.
Responsibility of all road users
Road safety is a shared responsibility. Although vulnerable road users are better protected by law, they are also expected to respect traffic rules and be aware of the risks. However, it is essential for motorists to be extra careful around vulnerable road users, especially in busy or confusing traffic situations.
Conclusion
Vulnerable road users play a crucial role in Belgian traffic and their protection remains a priority for both the legislator and road safety authorities. Article 29bis of the WAM Act is an important legal measure that regulates the liability of drivers of motorised vehicles in the event of accidents and provides a strong basis of protection. However, continued attention to road safety and infrastructure is crucial to further prevent accidents. For legal assistance or in the event of a dispute, you can always contact our law firm in Antwerp .
