Have you sustained an injury due to an incident involving public transport such as a train, bus or tram in Rijswijk? You can often hold the carrier liable. There are specific rules for passenger transport that protect your rights.
Responsibility of the Carrier
A carrier is principally responsible for injuries sustained by passengers during the journey. This falls under strict liability, which means that the carrier is liable, except in cases of force majeure.
When Can You File a Claim?
| Scenario | Liability |
|---|---|
| Sudden emergency stop with fall | Carrier (except in cases of force majeure) |
| Fall during boarding or alighting | Carrier, if attributable to them |
| Collision with another vehicle | Carrier and/or the other party |
| Damage from falling luggage | Carrier (responsible for luggage handling) |
| Slipping on a slippery floor in bus or train | Carrier |
NS and Train Incidents
In the event of accidents involving trains:
- The NS has a special unit for personal injury claims
- The NS is generally liable for damage to passengers
- In cases of suicide, the NS is not liable to the victim's next of kin
- Damage to witnesses (such as shock damage) can be claimed
What Constitutes Force Majeure?
A carrier may invoke force majeure in situations such as:
- Extreme and unforeseen weather conditions
- Unforeseen actions of third parties
- The passenger's own negligence or conduct
Steps to 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 claim to the carrier
- Be aware that the carrier has liability insurance
What if I fall due to sudden braking of the bus?
In principle, the carrier is 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 taxi passenger in an accident?
Yes, taxis are compulsorily insured. As a passenger, you can file a claim with the taxi's 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 was 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 Rijswijk
What does this article cover?
This article is about personal injury in public transport and your rights to compensation. Read the content carefully for information on your specific case.
How do I apply this information to my situation?
The content provides general guidance, but each case is different. Contact a legal advisor in Rijswijk for tailored advice.
Where can I find more help in Rijswijk?
Visit the Juridisch Loket Rijswijk or read other articles on this platform. A lawyer can also provide specific support.
How can I contact for legal assistance?
Contact the Juridisch Loket Rijswijk or a local lawyer. Many organisations 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 medical costs, loss of income and non-pecuniary damages. Prompt action strengthens your case.
Summary
This article provides insight into personal injury claims in public transport. For personal advice, consult a lawyer or contact the Juridisch Loket Rijswijk.
Key Points
- Every personal injury case is different
- Legal assistance is crucial
- Prompt action strengthens your position
- Document everything carefully
- Support is available through local agencies
- Your rights must be protected