Accident Between Two Cyclists

In a judgment of 30 November 2023, the Second Civil Chamber of the Court of Cassation held that a cyclist injured in a traffic accident may seek compensation for personal injury from the cyclist who caused the fall, or from that cyclist's insurer, even where a motor vehicle was also involved in the accident. The victim must, however, bring such an action on the basis of civil liability under ordinary law, since the cyclist who caused the fall was neither the driver nor the custodian of a motor vehicle. By contrast, if the victim elects to pursue the truck driver and/or that driver's insurer, the action must be brought under the provisions of the Law of 5 July 1985. 2nd Civ., 30 November 2023, No. 22-18.525