Have you sustained an injury due to an incident involving public transport such as a train, bus or tram in Westland? You can often hold the carrier liable. Specific rules apply to passenger transport.
Responsibility of the Carrier
A carrier is responsible for damage sustained by passengers during the journey. This falls under strict liability: the carrier is responsible, except in cases of force majeure.
When Can You File a Claim?
| Event | Liability |
|---|---|
| Sudden stop causing you to fall | Carrier (except in cases of force majeure) |
| Fall while boarding or alighting | Carrier, if attributable to them |
| Collision with another vehicle | Carrier and/or third party |
| Falling luggage | Carrier (responsible for luggage handling) |
| Slippery surface in bus or train | Carrier |
NS and Train Incidents
In the event of accidents involving trains:
- NS has a special unit for personal injury cases
- NS is generally liable for damage to passengers
- In cases of suicide, NS is not responsible for the victim's next of kin
- However, NS may be liable for psychological damage to witnesses (shock damage)
What Constitutes Force Majeure?
A carrier may invoke force majeure in cases of:
- Extreme weather conditions that could not be foreseen
- Unexpected actions of third parties
- The passenger's own negligence
How Do I File a Claim?
- Report the incident immediately to the driver or conductor
- Request official registration of the incident
- Collect contact details of any witnesses
- Send a written complaint to the carrier
- The carrier has liability insurance
What if I fall due to an abrupt stop of the bus?
The carrier is in principle liable. However, if you did not hold on properly while sufficient handholds were available, contributory negligence may play a role.Am I insured as a passenger in a taxi?
Yes, taxis are compulsorily insured. As a passenger, you can file a claim through the taxi's liability insurance, regardless of whether the accident was caused by the driver or a third party.Can I file a claim for a fall on the platform?
If the fall is caused by a defect on the platform (for example, a loose tile or slipperiness due to a leak), the manager (such as ProRail or the municipality) may be liable.Frequently Asked Questions about Personal Injury in Westland
What does this article cover?
This article is about personal injury in public transport and the possibilities for compensation. Read the content carefully for specific information about your case.
How can I use this information for my situation?
The content provides general guidelines. For tailored advice, it is advisable to consult a legal expert or lawyer in Westland.
Where can I find more help?
View other articles on this platform or contact the Juridisch Loket Westland or a lawyer for professional advice.
How can I get help?
Contact a legal advisor or the Juridisch Loket Westland. Many organizations offer a free initial consultation.
What are my rights in case of injury?
As a victim, you are entitled to compensation if another party is liable. This may include costs for medical care, loss of income and non-pecuniary damage. Prompt action strengthens your case.
Summary
This article provides insight into personal injury claims in public transport. For personal advice, you can contact a lawyer or the Juridisch Loket Westland.
Key Points
- Every personal injury case is different
- Legal assistance is crucial
- Prompt action strengthens your position
- Document everything carefully
- Support is often available
- Protect your rights