Have you sustained an injury due to an incident in public transport such as train, bus, tram or metro in Utrecht? You can often hold the carrier liable. Specific rules apply to passenger transport.
Responsibility of the Carrier
A carrier is responsible for injuries that passengers sustain during the journey. This falls under strict liability: the carrier is in principle liable, except in cases of force majeure.
When Can You File a Claim?
| Circumstance | 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 third party |
| Damage from falling luggage | Carrier (responsible for luggage management) |
| Slipping on slippery floor in vehicle | Carrier |
NS and Train Incidents
In the case of train accidents in Utrecht and surrounding areas:
- NS has a specific department for personal injury claims
- NS is generally liable for injuries to passengers
- In cases of suicide, NS is not liable for damage to next of kin
- Damage to witnesses (for example, shock damage) can be claimed
What Constitutes Force Majeure?
A carrier can invoke force majeure in cases of:
- Extreme and unforeseen weather conditions
- Unforeseen actions of third parties
- The passenger's own negligence or conduct
How Do I 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
- The carrier is insured for liability
What if I fall due to a sudden braking action of the bus?
The carrier is in principle liable. However, if you did not hold on properly when it was possible to do so, 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 fault lies with the driver or a third party.Can I file a claim for a fall on the platform?
If the fall is 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 of Utrecht) may be liable.Frequently Asked Questions
What does this article cover?
This article is about personal injury in public transport and the possibilities for compensation in Utrecht. Read on for specific details about your situation.
How can I apply this information?
The content provides general guidelines. For tailored advice, it is advisable to consult a legal expert in Utrecht.
Where can I find more help in Utrecht?
Visit other articles on this platform or contact the Juridisch Loket Utrecht at Catharijnesingel 55 for support.
How can I engage legal assistance?
Contact a lawyer or the Juridisch Loket in Utrecht. Often, an initial consultation is free.
What are my rights in case of personal injury?
As a victim, you are entitled to compensation for medical expenses, lost income, and non-material damage. Prompt action strengthens your case.
Summary
This article provides insight into personal injury claims in public transport in Utrecht. For personal advice, you can consult an expert.
Key Points
- Every personal injury situation is different
- Legal assistance is crucial
- Prompt response strengthens your claim
- Good documentation is essential
- Support is available in Utrecht
- Your rights must be protected
Relevant Institutions in Utrecht:
- Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55