Motor Vehicle accidents
When thinking of road accidents, we often see before our eyes a situation of vehicles that collide with other vehicles or with pedestrians.
While this is the "classic" car accident, it is in fact a very complex legal area that has given rise (and is still giving rise) to countless rulings, and which includes many and varied situations that can also be considered a "car accident".
For example, a car door or trunk closing or slamming on ones hand, a fall while entering or leaving the vehicle or a injury caused while changing a flat tire or being alarmed and frighted by a passing vehicle, may also be considered, in certain circumstances, a "car accident".
Road Accident Victims Compensation Law, 1975 (better known as the "Patad" or "Paltad Law ") defines "car accident" as follows - " An event in which a person was injured due to use of a motor vehicle for transport purposes A car accident shall also be considered an event that occurred due to an explosion or flare of the vehicle, caused by a component of the vehicle or other material essential to its ability to travel, even if caused by an outside vehicle, as well as an incident caused by a vehicle parked where it is not allowed to park or An event caused by the use of the mechanical force of the vehicle, provided that, when used, the vehicle did not change its original purpose, but shall not be regarded as a car accident due to an act Intentionally done to cause damage to the person's body or property, and the damage was caused by the act itself and not by the effect of the act on the use of the motor vehicle; "
"Motor vehicle" for the purposes of the law is defined as follows - "A vehicle moving by mechanical force on the ground and its main purpose is to be used for land transport, including rail, tractor, mobile machine capable of moving by mechanical force on the road and a vehicle being towed or supported by a motor vehicle, and with the exception of a wheelchair, trolley Disabled and escalators "
"Use of a motor vehicle" for the purposes of the law is defined as follows - " traveling in, entering or descending a vehicle, parking, pushing or towing, handling or repairing a vehicle done by the user or by another person not in the course of his work, including rolling down Or reversal of the vehicle or the disengagement or fall of part of the vehicle or its cargo while traveling and the said disengagement or fall from a standing or parked vehicle, other than the handling of a person in the vehicle during the course of his work and precluding the loading or unloading of the car when the vehicle is standing "
It can be seen, then, that the definition in the law is not straightforward and unmistakable and may also include non-"classic" cases, and at the same time exclude cases that allegedly appear to be a car accident (e.g. injury during unloading or loading a vehicle).
Therefore, it is of great importance to contact, and as soon as possible, a lawyer who is knowledgeable and well-versed in the field and is well acquainted with the law and the rulings, for professional advice, as well as appropriate guldens for proper conduct and clarification of the right to compensation.
Contact us today for an initial consultation.