Were you involved in a traffic accident as a passenger in a car or on a motorcycle and suffered personal injury? Or did you fall due to an emergency stop in public transport? As a passenger, you almost always have the right to compensation. In this article you will read what you can do to recover your personal injury and what you should pay attention to.
Legal aid in personal injury as a passenger
Passengers who suffer personal injury in an accident have the right to free legal aid. Whether the driver of the vehicle caused the accident or not, you can always turn to a personal injury lawyer to claim your damage. It is important to take action quickly so that you can focus on your recovery, while a specialist arranges your compensation. At Arslan Lawyers we ensure that you get the help you need and that our costs are recovered from the counterparty.
As a passenger hit: who is responsible?
As a passenger, you are legally a ‘faultless third party’. This means that you are never liable for causing an accident. Whether you are in a car, on a moped or scooter, you have the right to compensation from the liable party. This also applies if the driver of the vehicle in which you were sitting caused the accident. Even if the car or vehicle was not insured, you as a passenger are entitled to compensation.
Most traffic accidents involve two parties. Suppose you are a passenger and you are hit from behind. In this case, the counterparty is liable. But even if the driver of the car in which you are sitting causes the accident, your personal injury as a passenger is compensated by the driver’s insurance.
What to do as a passenger in a traffic accident?
To ensure that your personal injury is recovered correctly, there are a number of steps you must take:
- Gather evidence: Record the driver’s details and any witnesses. If possible, take photos of the location and the accident.
- Record your injuries: Go to a doctor and have your injury medically established.
- Engage legal aid: A personal injury lawyer assists you in claiming your compensation and in contact with the counterparty’s insurer.
Own fault in personal injury as a passenger
Although you are not guilty as a passenger of causing the accident, there can be ‘own fault’ in terms of the severity of your personal injury. For example, when you didn’t wear a seat belt, didn’t wear a helmet on a scooter or motorcycle, or knowingly rode with a driver who is under the influence of alcohol or drugs.
In these situations, you still have the right to compensation, but the extent to which you are compensated may be lower. Usually, you still get more than 50% of your personal injury compensated, depending on the circumstances of the accident and the role of your own behavior.
Personal injury due to emergency stop in public transport
Not only in traffic can passengers suffer personal injury. You can also suffer injury in public transport, for example due to an emergency stop in a bus, tram or train. In many cases, your damage is compensated by the transport company, even if they are not guilty of the incident. This is because you as a passenger are also seen as a ‘weak road user’ here.
Legal aid in personal injury as a passenger
Always opt for legal aid when you have been hit as a passenger. A personal injury lawyer helps you with the preparation of the liability claim, the negotiations with the insurer and the claim of an advance on your compensation. At Arslan Lawyers we always work free of charge for victims of personal injury. This means you can fully focus on your recovery, while we take care of getting what you are entitled to.
Have you suffered personal injury as a passenger? Then contact us today for a free and no-obligation advice conversation.
