TRAFFIC ACCIDENT - CASES AND VICTIMS

When can we consider a traffic accident case?

Not every accident that occurs with the circulation of a motor vehicle has or should be considered a traffic accident. Although in most cases this will be the case, it is necessary:

• That occurs on roads or land legally defined as suitable for the circulation of motor vehicles.
• That there has been material damage, injuries, or more severe situations such as the death of someone.
• That at least one moving vehicle is involved.

To consider that a vehicle is involved in a traffic accident, one of the following circumstances must be present:

• Entering the vehicle into a collision with another or others in motion, stopped or parked, or entering into a collision with pedestrians, animals, or another obstacle.
• If the collision has not occurred, the driver and/or a passenger in the vehicle have been injured or killed due to the accident, or property damage has been caused.
• Without having produced any collision with the vehicle, being stopped or parked in a dangerous way, in such a way that it constitutes one of the factors in the accident.
• Without the vehicle directly suffering the consequences of the accident, when the conduct of the driver or one of the occupants has contributed to its production.
• The driver or passenger of a vehicle having been run over by another at the time they were getting on or off it.

As exceptions we find:

• If the pedestrian run over had moved away from his vehicle at the time of the collision, only the vehicle involved in the accident will be considered the latter and the victim will be considered a pedestrian and not a driver or occupant.
• If the pedestrian run over suddenly bursts onto the road hidden by a stopped or moving vehicle, the latter vehicle would not be considered involved in the accident.

When can we consider the victims of a traffic accident?

As persons involved in a traffic accident, the law determines the following depending on the consequences that have occurred and the period in which the events occur:

• A victim of an accident will be any person who is killed or injured as a result of it.
• Killed by an accident, any person who dies on the spot or within 30 days of its occurrence will be considered as a consequence of the accident.
• Injured in an accident, is considered any person who has not been killed but has suffered one or more serious or minor injuries.
• Seriously injured in an accident, will be any person injured in it who required hospitalization for more than 24 hours.
• Slightly injured in an accident, all those who suffered injuries but did not require hospitalization for the previously defined period will be considered.
• The driver of a vehicle involved in an accident will be any person who, on roads or land suitable for the circulation of motor vehicles, leads the direction of the vehicle.
• The passenger of an accident vehicle will be any person who, without being a driver, is inside or on a vehicle.
• An accident pedestrian will be any person who, without being a driver, travels on the roads or land suitable for circulation and has been run over by a motor vehicle.

A pedestrian is also considered to be anyone who pushes or pulls a pram or a wheelchair or any other vehicle that does not have a motor and is small. Likewise, a person who drives a bicycle or moped on foot and a person who is handicapped and walks with a wheelchair, as well as the person who goes on a scooter, is also considered a pedestrian. Finally, it is also a pedestrian who at the time of the accident is repairing the engine, changing a tire, or performing any type of action similar to the above.

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At Adacc Advocats Accidents Catalunya we want to help you with any question or doubt you have in relation to the production of a traffic accident or that has occurred in other different areas, such as work, maritime, air, domestic, school, etc. Do not hesitate to contact us. We do not charge anything to solve these doubts, because we share your concerns.