You are hit after the other party drives through a red light. If so, you are always entitled to compensation. But how do you prove that the other party is liable? And how do you ensure that you are compensated for your full damages? We explain it to you.
Is there shared liability?
You have been hit because the other party was driving through a red light. There is clearly a guilty party in this situation: the other party. You are therefore entitled to compensation. But your driving behaviour in this particular situation should also be considered. For example, suppose you were speeding a lot or were under the influence of alcohol. Then you also committed a traffic fault and we speak of shared liability. The seriousness of the traffic errors committed is then weighed against each other. The severity of injuries is also considered.
Who claims, proves
The other party drove through a red light causing you injuries. Does it involve a collision between two motor vehicles? Or between two cyclists? Then the rule is: he who claims, proves, as recorded in Article 150 of the Code of Civil Procedure:
“The party claiming legal consequences of facts or rights asserted by it bears the burden of proving those facts or rights, unless any special rule or the requirements of reasonableness and fairness dictate a different allocation of the burden of proof.”
You should therefore be able to prove that the other party drove through a red light. Therefore, gather as much evidence as possible after the accident. You can do this by writing down the details of witnesses. So that they can give a witness statement at a later date. Also investigate whether street cameras were pointed at the scene of the accident. These images can reinforce witness statements. Or come in handy if there were no witnesses to the accident.
Exception
However, there is an exception to who demands, proves. If you have been hit by a motor vehicle as a pedestrian or cyclist, this burden of proof does not apply. Nevertheless, it is wise to still collect details from witnesses. By doing so, you can (partly) avoid an endless discussion with the other party’s insurer.
If you have been hit as a pedestrian or cyclist by a driver who drove through a red light, you will almost always be compensated 100% of your damages. Even if you also drove through a red light, your traffic error will be given less weight. Because pedestrians and cyclists are weak road users under Dutch law. Which means you will be compensated for at least 50% of your damage. And usually even more.
Run over after the other party drives through a red light? Follow the roadmap
You now know how to find out who is liable if the other party drives through a red light. But how do you claim the compensation you are entitled to? For that too, you will need multiple forms of evidence, such as:
- Notes from your medical records
- The claim form
- Receipts and statements of expenses
- A log describing the personal injury you suffered
To gather all this evidence and forge a strong foundation for your personal injury case, follow the following step-by-step plan.
Step 1. Seek medical attention immediately
The first step you should take is to call an ambulance. Is your injury not that serious? Then go straight to your general practicioner after step 2. Do this even for very minor injuries. This is because the visit to your general practicioner will be recorded in your medical record. This note will be used in your personal injury case to prove that your injuries were caused by the accident.
Step 2. Collect as much evidence as possible immediately after the accident
After the accident, it is important that you collect as much evidence as possible. Think about:
- A completed claim form
- Details of bystanders
- Photos of the damage and the traffic situation
The more evidence, the better. Because all evidence makes your personal injury case stronger.
Step 3. Engage an experienced legal personal injury firm
An accident often brings with it a lot of stress and emotions. Therefore, always engage an experienced and reliable lawyer to file the compensation claim for you. It is important that you do this as soon as possible so that:
- You do not get into financial trouble because of piling up bills
- The other party’s insurer cannot start questioning the cause between your complaints and the accident
- Your personal injury case is not time-barred
Step 4. Start a log from the moment of the collision
You may forget many small details of the accident or the period afterwards. After all, it is a hectic and emotional time. Therefore, write down all the events in a logbook. From the moment you were hit by the other party driving through a red light.
All this information is also important for the lawyer. With this log, the lawyer can make a very accurate damage calculation. Therefore, keep track of, for example:
- How many times you went to hospital
- Who took over your household chores
- How often you had to arrange babysitting for your children or pets
Because all situations directly or indirectly caused by the injury are eligible for compensation.
Step 5. Keep all receipts and bills
Finally, it is important that you can prove all your expenses. Therefore, keep all receipts and bills resulting directly or indirectly from the accident. This is because you may face high costs if the other party drives through a red light. And you are entitled to compensation for all these costs.
If you have engaged a lawyer, you do not need to take any further steps. Because the lawyer will then take over all tasks from you. So that you can recover from your injury in peace. Would you like our free legal assistance to claim your compensation? Please contact us directly via the contact form. Our lawyers will be happy to help you.
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