If you have been caught up in a road accident that wasn’t your fault, either involving another vehicle that has collided with your vehicle, or due to any other obstacle in the road (e.g. farm or ranch animals that have broken free from inadequate housing), you may be eligible to bring a claim for personal injury compensation – see Tyler TX auto accident lawyers if you have been affected. The question is, who can claim? The answer begins with the obvious remark that the driver of the non-fault vehicle would be in a position to put forward a case for personal injury compensation, either in relation to physical or psychological injuries suffered as a result of the road accident. But can anyone else claim personal injury compensation if they were not the driver of a non-fault vehicle? Let’s take a look at some of the other groups of people who may be eligible to bring a compensation claim following a road accident that wasn’t their fault.
Injured as a road user
The streets and the areas immediately surrounding the streets are filled with road-users, all going about their business. For example, pedestrians either crossing the road or walking alongside the road. Where a road accident occurs, the vehicles involved can often spin off the road, colliding with passers-by. Alternatively, the car may veer off the road for any number of reasons, meaning any pedestrians who are injured would be within their rights to begin a claim. Cyclists, motorcyclists, and workers who are working on or near to the road may also be at risk of suffering injuries in a road accident – all of these groups may have a claim for compensation.
Injured as a passenger in the at-fault vehicle
If you were the passenger in the at-fault vehicle, your medical expenses and lost earnings and all other expenses associated with your injury should not come out of your own pocket. Remember, the compensation pay out is made by the driver’s insurer, so you do not need to worry about leaving the driver (who may be a friend or a loved one) out of pocket.
Can I claim on behalf of my child?
The answer is that yes, you are able to bring a claim on behalf of your child following a road accident – children are not legally permitted to represent themselves, and must be represented by a parent or guardian. If you are fearful about beginning a claim in your child’s name because you do not want to put your child through the potential stress of appearing in court, speak to a lawyer about the likelihood of your claim progressing that far (most personal injury compensation claims are settled out of court).