Road accidents pose a significant risk to individuals worldwide, with the potential for injury occurring daily. This article aims to provide a general overview of the relevant laws and options available to road accident victims.
Defining a Car Accident:
According to the Road Accident Victims Compensation Act of 1975, a car accident refers to an incident where a person sustains physical injuries as a result of their own or another person’s use of a vehicle for transportation purposes.
Understanding the “Use” of a Vehicle:
Under the law, the “use” of a vehicle encompasses various actions such as driving, entering or exiting a vehicle, stopping, damaging, towing, pushing, exploding, igniting, and parking in prohibited areas.
Legal Definition of Vehicles:
Section 1 of the Road Accidents Act provides a comprehensive definition of vehicles or automobiles. It includes any mechanically propelled means of transportation primarily designed for land transportation, including trains, tractors, mobile machines capable of moving on roads, and vehicles towed or supported by another vehicle.
Identifying Injured Parties in Car Accidents:
In the context of a motor vehicle accident, an injured party refers to any person who sustains injuries when the offender did not intend to harm them. This includes drivers, passengers, or pedestrians. Importantly, in certain cases, an individual injured in a car accident may be considered as such even if they bear partial responsibility for the accident.
Understanding the Concept of Harm:
In addition to physical injury or illness resulting from an accident, harm can also encompass mental or intellectual injury and damage to a device used for bodily function.
Responsibility in Case of Injury:
When an injury occurs as defined in the Traffic Accidents Law, the responsibility for compensating the injured party lies with the offender. According to Section 2(a) of the Motor Vehicle Insurance Act (New Version) 1970, every vehicle owner is obligated to have compulsory insurance for their vehicle. Consequently, if an injury occurs, the injured party must file a claim with the insurance company.
Karnet Foundation for Road Accident Victims:
In situations where the insurance company cannot be sued, such as when the vehicle is not legally insured, used illegally, or involved in hit and run incidents, a special fund called “Karnet” has been established. The fund, in accordance with the Traffic Accidents Law, aims to compensate injured parties who cannot pursue claims against the at-fault driver’s insurance company. Additionally, dependents of the injured party, typically family members, may also be entitled to seek compensation from the fund. Karnet also assumes responsibility for compensating Israeli or foreign tourists injured in areas under the jurisdiction of the “Palestinian Authority” as per the provisions of the law.
Exemptions from the Traffic Accidents Law:
Certain cases are exempted from the provisions of the Traffic Accidents Act, including accidents caused intentionally, use of a vehicle to commit a crime, unauthorized use of a vehicle, driving without insurance or a proper license (except when the license has expired due to unpaid fees), and others.
Steps to Take in the Event of a Car Accident Injury:
– Obtain the details of the offending driver and their insurance company. It is recommended to document the injury and its location through photographs, if possible.
– File a complaint with the police, even if they were not present at the scene.
– Seek immediate medical attention, regardless of the presence of external physical injuries or pain. Provide a detailed account of the injury, its location, and any associated symptoms. Ensure that all medical assessments and discussions regarding the injury are documented in the medical records.
– Consider consulting a psychiatrist if the accident or injury leads to anxiety, fear, or “flashbacks.”
– Contact a lawyer specializing in road accidents to receive comprehensive guidance, advice, and assistance in pursuing compensation from the liable party.
– Keep records of all relevant documents, including copies and receipts of any received compensation or expenses related to the accident. Document any medical visits or police complaints associated with the accident.
Disclaimer:
This article is not a substitute for legal or medical advice in cases of injury or damage resulting from a motor vehicle accident.
Contact Information:
For car accident cases, you may contact the law firm of Decker, Peaks, Levy, Rosenberg. We specialize in helping victims of road accidents and other incidents obtain compensation. Schedule a consultation with our lawyer in Jerusalem.
– Phone: 03-3724722, 055-9781688
– Email: [email protected]
