Civil liability in driving

Two cyclists were riding in opposite directions on a bike lane bike lane suffered severe injuries . The injured cyclist decided to claim compensation claim compensation it was not clear who had actually caused the accident, the collision mechanics collision mechanics pay compensation pay compensation personal injuries . The defendants appealed and the Provincial Court ruled in their favor by stating that the LRCSCVM

was not applicable to an accident between bicycles and that, if an accident between bicycles and that, if the defendant's liability cannot be proven , the claim must be dismissed in accordance with art. 1902 CC (liability for fault or negligence).

The injured party appealed to the Supreme Court (SC) alleging that there were contradictory criteria in different hearings. But the SC confirms the decision of the Court of Appeal and rejects using the scale by "analogy" . In simple terms, the SC understands that no law is missing that requires "filling gaps", because these accidents fit within the general rules of civil liability , fault or negligence must be proven (art. 1902 CC) and, if applicable, compensation can be reduced due to shared fault (art. 1103 CC).

Furthermore, the SC emphasizes that in this case there was not enough evidence of fault or even of causal relationship, there were only contradictory versions without evidential support. And it adds a legislative policy idea that the risks of cycling are not considered comparable, in terms of severity and frequency, to those of motor vehicles , and that is why the legislator has not equated bicycles with these, not even in terms of compulsory insurance. It does mention, however, that recently there has been a has imposed insurance for electric scooters and electric bicycles of speed (L 5/2025 and RD 52/2026), but not for the rest of bicycles (including those with assisted pedaling), for which it points out that a more specific regulation would be desirable.

If you feel harmed and in a position to demand accountability for any damage suffered due to a traffic accident, our professionals can assist you in pursuing your claims