Have you been involved in a traffic accident and sustained injuries? Then you may be able to claim compensation. A common basis for recovering personal injury damages is Article 5 of the Road Traffic Act (Wegenverkeerswet). This article states that it is prohibited to cause danger or to obstruct traffic, which forms the basis for many liability claims after traffic accidents.
In this article, you will learn everything about claiming personal injury based on Article 5 of the Road Traffic Act, and we answer important questions such as:
- What does Article 5 of the Road Traffic Act entail?
- Who is at fault in a collision?
- What should you do after a collision?
- What personal injury damages can you recover?
- How can a personal injury lawyer help you free of charge?
Article 5 Road Traffic Act
Article 5 of the Road Traffic Act is designed to safeguard road safety. The article states:
"It is prohibited for anyone to behave in such a way that danger on the road is caused or may be caused, or that traffic on the road is obstructed or may be obstructed."
In other words, all road users must comply with traffic rules to prevent accidents and dangerous situations. For example, failing to yield or maintaining insufficient distance can lead to dangerous situations and thus liability in an accident. When another person fails to comply with these rules and a traffic accident occurs as a result, you can hold this person liable for your personal injury.
Who is at fault in a collision?
After a collision, the most important question is who is liable for the accident. This determines whether you are entitled to compensation. In most cases, the party that caused the accident is the one who acted carelessly.
In a rear-end collision, for example, the driver of the rear vehicle is usually at fault, unless there was a sudden, unexpected maneuver by the front car, such as unnecessary braking or changing lanes without looking. In that case, the fault may lie with the front driver.
Our personal injury lawyers help you to clarify the question of fault and hold the responsible party liable.
What to do after a collision?
After a collision, it is important to act quickly and adequately. This helps not only to safeguard your own health but also to prove your personal injury. Below you will find a step-by-step plan that you can follow after a traffic accident:
- Always fill in an accident statement form, even in case of a bicycle accident or as a pedestrian.
- Ask witnesses for a statement and note their contact details.
- Take photos of the situation, the vehicles, and any damage.
- Call the police in case of serious accidents or disagreement about fault.
- Visit a doctor as soon as possible and have your injuries documented.
- Immediately engage a personal injury lawyer for legal assistance.
What personal injury amounts can you recover?
Once liability has been acknowledged, you are entitled to compensation. The amount of this compensation depends on the nature and severity of your injuries and the impact on your daily life. The following types of damage can be compensated:
- Loss of income due to incapacity for work.
- Medical costs, including future treatments.
- Travel expenses to doctors and therapies.
- Costs for household help if you are unable to perform your household tasks due to the injury.
- Pain and suffering compensation for the emotional and physical impact of the accident.
- Loss of self-sufficiency for activities you previously performed yourself, such as home and garden maintenance.
Free Legal Assistance for Personal Injury
At Arslan & Arslan Advocaten, we understand that a traffic accident can have a significant impact on your life. Our personal injury lawyers are happy to help you recover your compensation, and completely free of charge! We ensure that the responsible party or their insurer pays all your costs, including our legal assistance.
Would you like to claim compensation or do you have questions about your rights after an accident? Contact us today. We will take immediate action for you!