If you have been injured whilst travelling in a vehicle involved in a collision, you are entitled to instruct a passenger accident solicitor to strart a compensation claim against at least one of the drivers. Almost without exception a passenger can claim for their injuries including a claim against the driver of the vehicle in which they were travelling whether or not it was a public service vehicle or a privately owned car or van and even if the driver was a close relative or friend including spouses, children and parents. Rapid Solicitors operate from offices in Adelaide, Canberra, Melbourne and Perth and will be pleased to give advice at no cost to establish whether or not you have a viable personal injury compensation claim. Do yourself justice – contact Rapid Solicitors without delay.
In most jurisdictions in order for a passenger accident solicitor to make a compensation claim it is usually necessary to prove that somebody else was to blame for causing the collision. It is possible for more than one driver to be at fault and for each of them to have contributed to the cause of the accident by both being negligent. The number of negligent drivers is not usually a matter of concern in a passenger accident compensation claim as allegations of negligence cannot be made against the passenger who was not in control of any vehicle that was involved. The passenger will almost always succeed in a personal injury compensation claim. In some jurisdictions there is a non-fault compensation scheme in operation.
If you have been injured in a collision due to the negligent behaviour of another person you should instruct a passenger accident solicitor to make a compensation claim for damages for pain and suffering, loss of lifestyle, future disadvantage and any reasonably foreseeable financial losses. Compensation is categorised into ‘general damages’ and ‘special damages’ :-
Special damages can be calculated with mathematical accuracy and are usually proven by written evidence including receipts and estimates for specific lost or damaged items. Special damages include compensation for wages losses and damage to property.
General damages are more difficult to calculate and usually involve a degree of assessment and include compensation for pain and suffering and loss of amenity or lifestyle.
The general time limit for making compensation claim is three years after the accident. This means that a passenger accident solicitor must settle the case or legal proceedings should have been issued in a court of law within three years of the accident occurring, failing which the opportunity to claim compensation may have been lost forever. The court does have a discretion to extend the time limit and there are exceptions to the three year rule including claims for those under the age of 18 years at the time of the accident and for the mentally incapacitated.
In order to make a successful compensation claim, it is important to provide your passenger accident solicitors with all relevant evidence to support your case. Details of the incident should be recorded in detail. The names and contact information of all parties involved, including those of any witness, should be noted. Other essential information includes the exact location, date, time and place. An urgent visit to a doctor or hospital to make a contemporaneous record of any personal injury sustained is an essential part of proving a claim. It is also advisable to photograph the location, damage to vehicles and any injuries.
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Motor vehicle accidents account for around three quarters of all accidental deaths between the ages of 15 and 24 and for every death between two and three people are permanently disabled. The severity of the injuries suffered is dependent upon the safety measures available and used in the car, e.g. seat belts and the presence of airbags; the type of car which will vary in strength and construction; age (the older the victim the more severe the injuries are likely to be); speed of impact; type of collision and type of impact.
In frontal impacts, unrestrained front seat occupants may hit the windscreen glass. This may lead to the window shattering and the occupant could be ejected out through the windscreen. The front seat passenger, even when restrained by a seat belt, may sustain injuries such as rib, sternum, heart or lung damage. With rear collisions, vehicle occupants commonly suffer neck injuries. Heavy side impact collisions can cause injuries ranging from fractures to the skull and ribcage and pelvis.
If you were not the driver and have suffered an injury whilst travelling in a car, bus, taxi or any other type of vehicle, then you may be able to instruct a passenger accident solicitor to make a personal injury claim. You may be entitled to compensation if you were:
The driver of the car you are traveling in owes you a duty of care and so do other drivers and other road users. If this duty is breached and you suffer personal injury, then you are entitled to make a passenger accident claim in order to be compensated for your injuries and any other losses incurred as a result of the accident. Compensation is almost always awarded to injured passengers, as they are usually faultless - the accident is usually caused by someone else. Even if your driver was at fault, you can still claim compensation.
The amount of personal injury compensation that you will be entitled to will depend on the extent of your injuries and disabilities, including whether they have resolved or are ongoing. You may also be entitled to compensation for loss of income, medical and pharmaceutical expenses and any other expenses incurred as a result of the accident.
Note that the amount of compensation that you will receive may be reduced if you were not wearing a seat belt. Your damages award may also be reduced if you knew, or ought to have known that the driver was unfit to drive, say for example, they were intoxicated.LAWYER HELPLINE: ☎ 1800 339 958
The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here