A traffic accident may cause injury like whiplash or a spinal cord injury. In that case the cause of the accident must be carefully ascertained. While often the cause is obvious, this is not always so. When it is not easy to determine the cause of an accident a police report must be studied for instance. When there are witnesses they must be heard. If none of these actions produce result, the court may for instance call up a traffic accident expert.
As soon as the cause of the accident has been determined, there are other possible factors to account for when determining liability. What, for example, is the victim’s age? If it is below fourteen, liability will be determined sooner. Intent or conscious recklessness – one’s own fault – or force majeure of other road users are other important factors. Another important consideration is that vulnerable road users like cyclists and pedestrians take priority over stronger road users like car drivers when it comes to protection by the law.
As soon as liability has been accepted, the damage compensation must be determined. This is done by drawing up a so-called statement of damage. The statement of damage specifies all material and immaterial damages suffered.
Elfi Letselschade Advocaat gives expert legal assistance in case of injury.