Car Accident Liability: Questions and Answers

Questioner

This morning I had a car accident where a truck drove into the back of my car. Situation: a high truck was driving in front of me, it was approaching the traffic lights. Because it was so high I could not see the traffic lights yet. I slowed down to see if I could still get through the light once the truck had driven through it. In my opinion the light seemed to turn orange and I wanted to brake to stop, but the truck then drove into my back. Afterwards it turned out that the traffic lights were out of order and were therefore flashing orange. I had not seen this because of the low sun. The police and the ambulance came and I was taken to the hospital for examination. Fortunately there was no serious damage and I am now back home. Who is to blame?

Lawyer

I understand that you have suffered an injury. I would therefore like to wish you much strength and a speedy recovery! In traffic law, the vehicle that is driving behind you is in principle liable, unless you stopped suddenly without any traffic necessity. I doubt whether the latter is the case. After all, you arrived at an intersection. Caution must always be exercised there. The truck that was driving behind you should have taken this into account. I therefore assume that you are not liable and that the truck will have to compensate you for your damage. Furthermore, I would like to point out that it is advisable to engage a personal injury specialist. This specialist can assess liability in more detail, map out your damage and negotiate on your behalf. The costs of a personal injury specialist are reimbursed by the liable party. In most cases, this legal assistance is therefore free of charge. If you wish, I will be happy to help you. You can contact me directly.

Lawyer

Fortunately, the consequences for you seem to be limited. That does not mean that I do not advise you to pay close attention to any health complaints. If the complaints persist, please go to your family doctor. In any case, I hope you get well soon! Regarding the question of guilt, I agree with my colleague. In any case, you braked with a traffic necessity. You could not see the intersection properly. The driver of the truck should have kept his distance. He did not do that sufficiently. If you need any assistance in arranging the claim, please do not hesitate to contact me. Get well soon for now.

Lawyer

I agree with both of my predecessors. If the injury is really not that bad, please note that the ambulance transport will be charged to your deductible with the health insurer. The deductible is €375. If you have not yet used any of the deductible, this is still a considerable amount that you will have to pay yourself. If you would like to discuss what the best option is in your situation, you can of course always contact us without obligation. We guarantee that we work free of charge.