I was recently injured in an accident due to the negligence of the driver of the vehicle I was a passenger in — is a claim for van accident possible?
A claim for van accident may be possible if the negligence of a driver had caused an injury for which you are not to blame. Passengers are entitled to a duty of care from not only other road users, but also from the driver of the vehicle in which they are travelling who have a responsibility to ensure that an accident in a van does not occur. It is possible that as a passenger you may be entitled to more compensation for your injury from a van accident, as passengers often do not have the same split-second in which to brace themselves for the impact of an accident that a driver would. To establish your full eligibility for van accident compensation, you are advised to contact a personal injury solicitor at the earliest opportunity following your accident and injury.
A claim for van accident could be possible for a passenger if the actions — or inactions — of the driver were responsible for causing an avoidable accident. This would be done in the normal manner against the insurance policy of the driver in question who was responsible for your accident in a van. Some people may find this emotionally difficult to handle, particularly if the negligent driver who caused your accident and injury from a van accident is a friend or relative. However as the van accident compensation is sought against their insurance policy and is not a personal claim against the driver, this should not be an issue for the plaintiff.
However while passengers are rarely the liable party in a claim for van accident, contributory negligence is still a possibility regarding the extent of your injuries. For instance, it could be considered that the extent of your injury from a van accident was worsened because of your failure to wear a seatbelt or due to your negligence in seeking immediate medical attention for your injuries. It may also be considered that you are partially responsible for your injuries if you had taken a calculated risk upon entering the van — for instance, if you knew that the driver was drunk or uninsured. While you may still be entitled to claim some van accident compensation in these scenarios, the total amount you can claim may be reduced to reflect your own negligence.
Claiming for an injury from a van accident can be difficult for the victim, both physically and emotionally, and at a time where the victim is recovering from their injuries they may not consider pursuing a personal injury settlement. For this reason, a personal injury solicitor should be contacted regarding your van accident compensation to pursue the claim on your behalf. Your solicitor can submit an application to the Injuries Board, gather evidence to support your claim and negotiate with the insurance company while you concentrate on recovering after your accident in a van. By contacting a solicitor you may have a greater likelihood of success for your claim for van accident and for this reason a solicitor should be consulted at the earliest opportunity following your accident.
