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Compensation For Vehicle Occupants In Traffic Accidents 🚙


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When a traffic accident occurs, the occupants of a vehicle who do not have the status of the driver, are always entitled to compensation for damages suffered. Regardless of the means of transport in which they were traveling when the accident occurred, whether in a car, motorcycle, cab, or bus, they will be entitled to claim.


Even in the event that the vehicle at fault for the accident does not have the mandatory liability insurance in force, the right to claim is maintained.


In these cases, the action must be brought against the driver at fault and against the person who is directly liable for the accident in this particular case. They must indemnify as if they were an insurance company.


COMPENSATION TO OCCUPANTS OF PUBLIC TRANSPORT OR SIMILAR IN TRAFFIC ACCIDENTS


claim compensation in a car accident

Public transport passengers are entitled to compensation if they are injured in an accident. Passengers are the direct responsibility of the driver. The latter must ensure that his or her passengers are kept safe and therefore avoid being injured in an accident.


Thus, there would be different situations for which a person using these means of mobility could be compensated.


INJURIOUS RESULTS CAUSED BY THE DRIVER HIMSELF


When the driver of a public transport vehicle performs a reckless maneuver, such as braking suddenly or speeding over a difference in level, causing injury to a passenger, he/she shall be liable for the damages caused, either directly or through the insurance of the bus itself.


HARMFUL RESULTS DUE TO THE FAULT OF A THIRD PARTY


Provided when there is a vehicle causing the accident. The driver of this vehicle will be responsible for compensating all injured parties.


There are cases in which the traveler is not entitled to compensation, such as those arising from force majeure, or in cases in which the reason for the injuries has been solely and exclusively due to the traveler's conduct, for example, when riding a bus, due to not holding on properly, a person falls.


COMPENSATION TO OCCUPANTS OF PRIVATE VEHICLES IN TRAFFIC ACCIDENTS


It must be assumed that the occupant of a private vehicle will always be subject to compensation. It makes no difference whether he was a passenger in the vehicle at fault in the accident or not. His participation in the accident is null and void, so he is not liable for it.


Thus, he will be entitled to compensation, even if the driver of the vehicle in which he was riding was at fault. This paradoxical situation does not have to have direct repercussions on the driver at fault in the traffic accident since the direct civil liability that must be compensated will be the insurance company, charged to the civil liability coverage that it has contracted.


COMPENSATION TO OCCUPANTS IN TRAFFIC ACCIDENTS DUE TO PECULIAR SITUATIONS


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Some cases do not require the involvement of two vehicles to result in injury to either party.


Although not so common, the civil liability of a pedestrian or of an institution may be contemplated. In the first case, it will occur when the reckless conduct of a pedestrian causes injury to the passengers of a vehicle.


This can happen, for example, when a pedestrian jaywalks and causes a motorcycle to crash into an obstacle.


On the other hand, there are numerous accidents that occur due to the poor condition of the roadway, causing the driver and passenger to end up on the asphalt. In this case, liability can be attributed to the owner of the roadway.


If the abnormal operation of the public service in the maintenance of the roads for their intended use cannot be accredited and the owner of the road does not compensate for the damages caused, the occupant, as we have said, will always be entitled to compensation, which must be paid through the civil liability coverage of the vehicle itself.


In these cases, the most advisable thing to do is to turn to an injury lawyer specialized in traffic accidents. No one better than a qualified injury lawyer will be able to answer your questions.


PROCEDURE FOR CLAIMING COMPENSATION FOR TRAFFIC ACCIDENTS


It is advisable to hire the services of an injury lawyer specialized in traffic accidents as soon as possible because time goes against you and as time goes by you lose your rights.


The first job that the injury lawyer should focus on is to clarify the circumstances of the accident and determine the guilty parties to whom the claim should be directed, forcing them to acknowledge responsibility.


Secondly, he must direct the claim procedure, coordinating all the professionals who must intervene to prove the damages suffered:


  • Medical assistance physicians.

  • Medical experts specialized in the valuation of bodily injury.

  • Accident reconstruction experts.


This work must be done prior to the filing of the claim, to avoid incidents arising in the claim for compensation.


Thirdly, and once the claim has been filed, a negotiation phase begins. The indemnity items claimed must be discussed and accredited in order to be recognized by the person responsible for them.


In the event that any indemnity item is not recognized, the most appropriate way to claim it must be studied. Either through mediation, conciliation, arbitration, requesting an appraisal by a forensic doctor, or filing a claim for an amount in the Courts of Justice.


These decisions will imply that the claimed compensation items will be finally paid or that some items will remain unrecognized.


If you were involved in a traffic accident, and you were an occupant of the vehicle or driver, you can contact our injury lawyers at Perez Gurri Law Firm. If you would like to request an appointment with one of our injury lawyers, click here.