WILLEMSTAD – The Common Court of Justice has ruled that a driver who changes lanes on a roundabout is liable for a collision if that driver fails to yield to traffic continuing straight ahead. The decision clarifies liability rules for roundabouts on Curaçao and overturns an earlier judgment by the Court of First Instance.
The ruling concerns a civil case stemming from a traffic accident in October 2016 on the roundabout at Plasa Hariri. The case involved a collision between a Mitsubishi driving on the outer lane and a Nissan traveling on the inner lane of the roundabout. The Nissan attempted to exit the roundabout toward Schottegatweg Noord and, in doing so, shifted from the inner lane to the outer lane. At that moment, the vehicles collided.
The insurer of the Nissan, Seguros Brouwer, had previously denied liability. The Appeals Court, however, reached a different conclusion.
According to the court, Curaçao’s Road Traffic Ordinance does not contain specific provisions governing roundabouts. As a result, the general traffic rules apply. These rules state that a driver who turns or changes lanes is performing a special maneuver and must yield to all other traffic. In this case, the Nissan was still on the inner lane when exiting the roundabout and should have positioned itself in advance. By failing to do so and moving to the right regardless, the driver committed a traffic error, the court found.
The court concluded that the collision was attributable to the Nissan and that the insurer is therefore required to compensate the Mitsubishi driver for the damage. As the Mitsubishi was declared a total loss, the court set the compensation at 2,900 guilders, plus statutory interest and legal costs.
The ruling is considered significant for everyday traffic practice on Curaçao, where confusion often exists about right of way on larger and busier roundabouts. The court made clear that merely being on a roundabout does not grant an automatic right to exit without hindrance. The decisive factor is whether a driver changes lanes. Those who do so bear responsibility and must wait until the target lane is clear.
With this decision, the court dismisses the widespread belief that vehicles on the outer lane must always make room for traffic coming from the inner lane. The judgment confirms that drivers on the outer lane who continue straight and adhere to lane markings are not required to yield. For road users, the ruling underscores the importance of timely lane positioning and respecting lane discipline on roundabouts, both to improve safety and to avoid liability in the event of an accident.