Reform of the Civil Code: Objective Liability of Drivers in Case of Accident Starting in 2025
In a previous article, I discussed the major reform of liability law that will come into effect in Belgium on January 1, 2025. This reform aims to modernize the rules of liability and improve the protection of victims, which will also impact motor vehicle drivers. This reform does not introduce a generalized strict liability for drivers but does expand the framework for liability for damage caused by “defective things.” This could affect certain cases of traffic accidents. Today, we will explore what this means concretely for drivers.
No-Fault Liability for Defective Things
Traditionally, to hold a driver liable in the event of an accident, it was necessary to prove that a fault had been committed. This often involved lengthy and complex procedures for victims. The 2025 reform expands the concept of no-fault liability for damage caused by defective tangible items, under Article 6.16 of the new Civil Code. This means that if an accident is caused by a safety defect in a vehicle (a “defect”), the driver or custodian of the vehicle could be held liable for the damage caused, even without any fault on their part.
What is a “defect” under the reform?
A defect is defined as a characteristic of the item (in this case, the vehicle) that makes it dangerous under normal conditions of use. For example, faulty brakes, excessive tire wear, or an invisible technical problem could constitute a defect. If an accident occurs due to one of these defects, the driver could be held liable for the damages, without the victim needing to prove any fault.
Automatic Liability in Certain Accident Situations?
Liability for defective things is not automatically applied in all cases of traffic accidents, but it can be engaged as soon as a defect in the vehicle is proven. This liability does not apply if the accident is solely due to human error or an unforeseen external event. However, it could cover:
- Accidents caused by technical defects that went undetected despite regular maintenance.
- Cases where the vehicle has a recognized safety failure, such as a manufacturing defect.
What Are the Implications for Drivers?
With this expanded liability for defective things, drivers need to be aware that they could be held responsible for certain accidents due to the condition of their vehicle, even if they did not make any driving errors. This entails:
- Increased vigilance in vehicle maintenance to detect and fix any potential technical defects.
- A better understanding of legal obligations to know how this new rule might impact their liability.
- Consultation with their insurers to ensure their coverage adequately addresses this expanded liability.
Impact on Insurance
With the introduction of liability for defective things, it is likely that insurance companies will adjust their policies, particularly to cover risks associated with vehicle defects. Drivers are therefore encouraged to seek information on how these changes might impact their insurance contracts.
Conclusion
The liability reform in the Belgian Civil Code marks a turning point in traffic law. By expanding drivers’ liability in cases of technical defects in their vehicles, it emphasizes vehicle safety and maintenance. Although this liability is not strictly “objective” in the strict sense, it requires increased vigilance from drivers to ensure their vehicles have no defects that could cause an accident.
Stay informed about developments in this legislation to be prepared for January 1, 2025. For any questions or need for legal assistance, feel free to contact me.
