TRAFFIC ACCIDENTS ARE THE MAIN SOURCE OF INCIDENTAL AND CONSEQUENTIAL DAMAGE.
Traffic accidents occupy a large part of the files handled by the firm. The victims of which often have very heavy damage (head trauma, paralysis, quadriplegia, …).
Victim of a traffic accident: under what conditions can I be compensated?
The traffic accident must involve a land motor vehicle (LMV). It is understood as any machine having a driving force, suitable for the transport of people or things. It must evolve on a clean path. Cars, buses, trucks, motorcycles, scooters, golf cart without license, tractors, construction machines, trailers, semi-trailers, and even a riding mower!).
For each driver and pedestrian involved in a traffic accident were listed all the accident factors that played a role in the occurrence of the accident and all the factors influenced the severity of the accident. We make a distinction between human behavior, the vehicle, infrastructure and the environment. 1237 accident factors were identified in the accidents analyzed. These accident factors were imputed truck drivers involved, other users, infrastructure and the environment. Nearly 7 in 10 accident factors are related to human behavior or human error. 12% of accident factors relate to the vehicle; 12.4% to infrastructure and 3.3% to the environment in which the accident has happened. We observe many differences between studies. These are mainly fatal accidents on a highway that jump to the eyes. In this case, environmental factors play a more only in accidents between heavy goods vehicles and weak users.
Bicycles or skis are excluded (no motive power). As well as trams or trains (traveling on a clean lane). A traffic accident is defined as “any sudden and fortuitous event with a connection to traffic”.
The LMV must be involved in the accident, in other words be involved in any capacity whatsoever in the accident, whether moving or parked. In the event of a chain collision, the fourth vehicle is therefore involved in the accident even if it is not the cause.
Proof of the victim’s involvement is not a problem if the vehicle is in contact with the victim. However, there may be an accident without contact with the victim. For example in case of glare by the headlights of a car. In this case, the victim must prove that the presence or behavior of the vehicle has been a hindrance. And played a role in the occurrence of the accident.
Traffic accidents – Compensation of victims
Accountability of the victim’s damage to the accident. In most cases, proving that the damage is the cause of the accident is not a problem. On the other hand, in certain cases, and particularly when a lapse of time has elapsed between the accident and the damage, this proof is more delicate.
For example, if you had a heart attack while returning home following an accident earlier. It will be up to you to prove that the accident was such an emotional shock to you that it eventually resulted in a heart attack.
Direct victims and ricochet victims (spouse, parents or children of the victim when the victim died in the accident) can obtain compensation for all their injuries. By the amicable way, civil or criminal. Most of the time, it is the insurance companies that will compensate you.
On the other hand, if the author is not insured or not determined, your compensation will come through the Guarantee Fund for Compulsory Property and Casualty Insurance.
If you are a victim of a traffic accident, the firm will assist you and advise you. Throughout the compensation process, from the constitution of the file, during the appraisals and until the final compensation.
