Have you been involved in a traffic accident and suffered injury as a result? Then you may be able to claim compensation. A common ground for claiming personal injury is Article 5 of the Road Traffic Act. This article states that it is prohibited to cause danger or hinder traffic, which is the basis for many liability claims after traffic accidents.
In this article you will read all about claiming personal injury based on Article 5 of the Road Traffic Act, and we answer important questions such as:
- What is Article 5 of the Road Traffic Act?
- Who is at fault in a collision?
- What should you do after a collision?
- Which personal injury can you claim?
- How can a personal injury lawyer help you for free?
Article 5 Road Traffic Act
Article 5 of the Road Traffic Act is designed to ensure road safety. The article states:
“It is prohibited for everyone to behave in such a way that danger is or can be caused on the road, or that traffic on the road is or can be hindered.”
In other words, all road users must abide by the traffic rules to prevent accidents and dangerous situations. For example, not giving right of way or insufficiently maintaining distance can lead to dangerous situations and thus liability in an accident. If another person does not abide by these rules and as a result a traffic accident occurs, you can hold this person liable for your personal injury.
Who is at fault in a collision?
After a collision, the main question is who is liable for the accident. This determines whether you are entitled to compensation. In most cases, the party at fault is the one who acted carelessly.
In a rear-end collision, for instance, the driver of the rear vehicle is usually at fault, unless there is a sudden, unexpected maneuver by the front car, such as unnecessary braking or changing lanes without looking. In such a case, the front driver could be at fault.
Our personal injury lawyers will help you clarify the question of fault and hold the liable party responsible.
What to do in a collision?
After a collision, it is essential to act quickly and adequately. This not only safeguards your own health, but also helps validate your personal injury claims. Here’s a step-by-step guide to follow after a traffic accident:
- Always fill out a damage form, even in a bicycle accident or as a pedestrian.
- Ask witnesses to make a statement and note their contact information.
- Take pictures of the situation, the vehicles and any damage.
- Call the police in cases of serious accidents or disagreement over liability.
- Visit a doctor as soon as possible and have your injuries documented.
- Immediately engage a personal injury lawyer for legal assistance.
What personal injury compensation can you claim?
Once liability is acknowledged, you are entitled to compensation. The amount of this compensation depends on the nature and severity of your injury and the impact on your daily life. The following types of damages can be compensated:
- Loss of income due to disability.
- Medical costs, including future treatments.
- Travel costs to doctors and therapies.
- Costs for household help if you are unable to carry out your household chores due to injury.
- Pain and suffering for the emotional and physical impact of the accident.
- Loss of self-employment for activities you previously performed yourself, such as home and garden maintenance.
Free Legal Assistance in Personal Injury
At Arslan & Arslan Lawyers, we understand that a traffic accident can have a major impact on your life. Our personal injury lawyers are happy to help you claim your compensation, and we do it completely free of charge! We make sure that the liable party or their insurer pays for all your expenses, including our legal help.
Do you want to claim compensation or have questions about your rights after an accident? Contact us today. We take immediate action for you!
