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| Road Traffic Accidents ---
Passenger Injury |
| Introduction |
Road safety is very important. All travelers must follow certain safety rules and take necessary precautions. Law helps those who were wrongfully injured during a road accident. If you think that you were wrongfully injured in an accident while traveling as a passenger, you will be able to recover compensation for your injury and other losses from the driver of the car responsible for the accident. In some cases you may have a claim against the car owner too if he is not the same person as the driver. Normally, you must draft a claim as soon as possible after the accident. However in late cases you may need to consult an attorney who will guide you through the course of action.
You should also chronicle various things. The details of accident, the witnesses, their contact information and any thing that will help you get a fair compensation.
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| The Law Says, |
Every driver is supposed to take necessary safety steps while driving and every road user is required to take necessary precautions while using the road. If the driver of the vehicle in which you were traveling or the driver of the other car did not take required safety precautions while driving, you may claim against either of them for being neglectful.
The law sets out customary procedures which all drivers and road users (including cyclists, pedestrians) are required to follow. If either of the vehicle drivers fails to abide with the law, then it is a clear case negligence. The court looks carefully for the circumstances of the accident before deciding on who is/was at “negligence”.
- Not following traffic signs or signals.
- Forgetting to signal while turning.
- Driving above or below the posted speed limit.
- Disregarding weather or traffic conditions.
- Driving under the influence of drugs or alcohol.
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| The court further looks at the precautions which either of them could have taken to avoid the accident.
There could be other things that the court looks at, firstly it may look whether there was a defect in the car which may have caused the accident, it may look at malfunctioning of the signal and many such things. So it is advisable to approach an attorney who has indepth knowledge about the little things that you may miss or not know.
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| You can claim compensation from both the drivers simultaneously, if you have evidence that both of them were “negligent” while driving.
If you are unable to claim, then you may not get full compensation or any at all. However, you must keep in mind that you should never sue both drivers together without proper evidence. If you do charge against both and if only one driver is found responsible, then you may have to pay the other driver's legal costs. As a passenger, you are unlikely to be blamed for the accident, unless you have done something to cause it. Whoever is found guilty will have to pay your compensation. If both the drivers are guilty, then both are held responsible for your compensation in direct proportion of their guilt.
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If either driver is responsible for the accident or you can prove that negligence on his part is a cause to your injuries, you will be able to recover the compensation for:
(i) The pain and suffering caused by the injuries.
(ii) Loss of certain enjoyments in life as a result of your injuries.
(iii) Any wages you already lost and will lose in the future because of your injury.
(iv) Expenses you have incurred as a result of your injury, e.g. traveling to the doctor, medication charges, equipment needed to use as a result of your injuries, and similar future expenses.
(v) The cost or value or care you had and will need in the future because of your injury.
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| You can claim for host of things such as the cost of employing a professional and the loss of earnings of a friend or family member who provided care to you. In any case you must preserve all the receipts and invoices incurred as a result of your injury. These should be produced in court when you pursue your claim.
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| You can claim interest on your compensation. However, your compensation may be reduced if you were partly to be blamed for your injuries. This becomes the case if you have not taken necessary precautions for your own safety or you failed to comply with any obligations put by the law. This is the case if you did not wear a seat belt, where in your compensation is likely to be reduced by 25%. Your compensation could be reduced if you were to receive state benefits to compensate your loss of wages, loss of mobility and care.
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