The driver who hits someone from behind is almost always at fault..
Liability in a traffic accident involving a rear-end collision. Who is liable?
On September 2, 2014, an accident occurred on the A9 near Heemskerk. A car collided with a motorcycle parked on the highway. The question is who accident is liable
The motorcycle had stalled shortly before the accident due to the brakes seizing, right in the middle lane. Unable to get the motorcycle moving again, the man put it on its stand and ran to the side of the road. Both the man's motorcycle and the car were totaled.
In principle, the person who rode behind is liable
The man is claiming damages for his motorcycle as a result of this traffic accident. He believes that the driver of the car is responsible for the accident, because
- He failed to stop his car in time. He therefore acted in violation of Article 19 of the Road Traffic Regulations and Signs Regulations 1990 (RVV).
- In addition, the man believes that the driver of the car could have seen that something was happening on the road in front of him.
- The driver of the car was also apparently distracted by the motorcyclist running across the emergency lane and was therefore unable to stop his vehicle in time.
Judge: this time no liability of the "driver from behind"
The judge ruled that the driver of the car had not acted in violation of Article 19 of the Road Traffic Act, because:
- The mere fact that the traffic accident occurred does not automatically entail that the legal obligation has been violated.
- A car driver should be aware of things like traffic jams (where the vehicles in front of the driver are also moving forward), but not necessarily of an unexpected obstacle on the road.
- A motorist driving on the highway does not have to adjust his speed to any motorcycles or cars parked on the highway.
But...shouldn't the driver of the car have seen the engine?
The motorcyclist thinks so:
- The driver of the car should have seen that something was happening in the lane in front of him, seeing the people in front of him clearing the middle lane for the motorcycle.
- because the driver of the car continued driving at 120 km/h "he could not avoid a collision with the stationary engine on the road."
- The man further states that many cars were able to avoid the stationary car.
Judge rules against motorcyclist again
According to the judge, it has not been established that the driver of the car received signals shortly before the traffic accident from which he could and should have deduced that danger was imminent and that he nevertheless did not adjust his speed.
The driver of the car also explicitly denied that he could have seen what was happening in front of him. The car in front of him was indeed able to narrowly avoid the stationary motorcycle. But because of this, the driver was unable to react at that moment. The stationary motorcycle suddenly appeared.
The fact that other vehicles were able to avoid the stopped engine isn't enough. These other vehicles likely didn't have any vehicles in front of them within close range.
The finding that the driver of the car was distracted because he was looking at the man walking on the hard shoulder cannot lead to liability of the driver of the car.
Any driver would temporarily shift their attention to the side of the road under the circumstances. The driver of the car acted no differently in this regard than an average, cautious driver, according to the judge.
No liability for traffic accidents
It is indeed the case that the person who causes a traffic accident by colliding with someone from behind is almost always liable.
But sometimes not, as the ruling of this subdistrict court judge shows.
Personal injury due to a rear-end collision?
Have you suffered personal injury in a rear-end collision, such as whiplash? Always contact a qualified and reliable personal injury firm immediately.
Only then can you be sure that your financial interests are being properly looked after and you will not run any risks in this regard.
Van der Toorn Personal Injury specializes in handling personal injury claims like no other personal injury firm or lawyer. Contact us now for a free, no-obligation consultation. You'll know exactly where you stand.
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When can I claim personal injury damages?
You can claim damages for personal injury due to the fault of another person injury (been injured)
Personal injury can be caused by, for example:
In addition, you may think of injuries sustained during:
- organized trip
- unsafe product or
- fall at someone else's home, in a shop or on the street
It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.
Even if it is not yet clear at that time what your injury and its financial consequences consist of.
However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).
However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).
Are you unsure whether and when you are entitled to personal injury compensation?
Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.
What injuries do you treat?
We can actually help you with all types of personal injury
Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:
- brain injury (ABI)
- spinal cord injury
- burns
- dystrophy
- bone fractures and
- cosmetic injury.
But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.
We cannot help with all types of personal injury
The only thing we cannot help you with is personal injury caused by:
- violence
- medical errors and/or
- situations of abuse.
In that situation, we will of course refer you to a party that is specialized in this.
Always request free, no-obligation advice on personal injury claims
Do you have questions about your personal injury? Or are you unsure if we're the right place for you?
Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.
When should I contact you?
You don't have to! But it's in your best interest to as soon as possible contact
Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.
But what is: as quickly as possible?
Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.
You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.
It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.
Would you like to know what's best for you? Don't hesitate to without obligation us
We'll give you right away advice clear. Then you can decide for yourself what to do with it.
If we think we can help you, we will let you know right away.
At the same time, we guarantee that our legal assistance completely free of charge .
To learn more about our FREE personal injury assistance services, click here.
What personal injury compensation amounts am I entitled to?
The personal injury compensation amounts you are entitled to are:
Allowances for additional assistance, such as:
- household help, shopping, taking children to school, etc.
- help in the garden and
- help with the maintenance and painting of your home.
In addition, your personal injury may have consequences for your income, such as:
- income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
- no more irregular hours allowance
- no longer being able to work overtime
- missed promotions and
- missed pension accrual
Finally, you can consider other equally important personal injury compensation amounts, such as:
- Study delay
- Reintegration costs for guidance to other work
- Costs associated with admission to a hospital or rehabilitation center
- Travel expenses
- Medical expenses
- Non-pecuniary damages
- Economic vulnerability
- Statutory interest
- Furthermore, all costs that you would not have incurred without the accident…
- For example, the wages you did not receive because you could not go to work.
- Gasoline because you had to go to the hospital or the physiotherapist.
- Medicines that were covered by your deductible.
In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.
This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.
Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".
If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.
Calculating non-pecuniary damages
Calculating non-pecuniary damages:
You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.
What is non-pecuniary damages?
Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.
So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".
How to calculate non-pecuniary damages
People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.
That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.
When can you calculate my non-pecuniary damages?
Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.
Only then will it be known what psychological consequences your injury has had and/or will have for you.
Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.
Important factors in calculating non-pecuniary damages
Important factors for calculating your non-pecuniary damages include:
- the nature of your injury
- the severity of your injury
- your age
- your gender
- your level of consciousness
- whether you will have permanent scars and where those scars are located
- whether you have physical limitations that affect your quality of life
- how much pain have you suffered and continue to suffer
- how long your recovery period was and
- whether you have recovered at all or whether there is permanent damage.
Indication calculation of non-pecuniary damages:
We cannot predict exactly how much your compensation for non-pecuniary damages will be.
What we can do is give you a general indication of the amount of your compensation for pain and suffering.
If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.
We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.
And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .
Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.
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