wana have some basic knowledge on road accident claims?
Its divided to liability and quantum of damages. First it has to be determined whos liable, or to be blamed for the accident, whether the Plaintiff( the person who's suing) can prove his case and the court finds the Defendant(the person being sued) liable for causing the accident, or the court could also say that the Defendant is 50% liable and the Plaintiff himself 50% liable, or any other combination. The court could also find that the Defendant has no case to answer, for example, where a passanger in a bus falls when the driver jams the brakes..then the passanger wants to sue, but during the trial he cannot pinpoint which bus was it, or who was the driver..he only knows the bus company..then the Defendant can say he has no case to answer...because the plaintiff has failed to prove his case,,after finding liability, the court will then decide on the damages,,..how much it to be paid for what damage...or if there is a loss of earning capacity, where the person is not able to work anymore he can claim for the loss..or for nursing care where he cant take care of himself anymore..or where a husband or wife or mother or father dies in the accident..then the next of kin can claim for dependency loss or loss of support...there are many headings for damages that can be claimed....the thing to remember is that accidents dont happen, they are caused...so be carefull.....and read on.....
Liability
Conflicting version of how the accident happened
The judge looks at which version is more probable or improbable not which version he should believe.
Inevitable accident
The burden is on the defendant to show that the cause of the accident was a cause not produced by him but a cause the result of which he could not avoid.eg avoiding another vehicle, burst tyre, shattering windscreen..
Entering major road from minor road
When turning left or right drivers must always give way to through traffic, including pedestrians. Motorist travelling on a minor road has a duty to stop at the junction and allow vehicles travelling on the main road to pass first before entering the major road
Travelling WITH Drunk driver
If you had knowledge he was drunk, then you are also liable
WHen an emergency situation has already been created, then it is meaningless to blow the horn. No useful purpose would be served in sounding the horn when the other car has already started to come out onto the main road from the side road and collided with your car.
Junction( Cross Roads)
If 2 motor cars collide in the centre of the road, the inference is, in the absence of evidence enabling the COurt to draw any other inference, the drivers of both cars are then equally to be blamed. Car on main road also hass a duty of taking care to avoid collision with a vehicle emerging from a side road. Difference between "berhenti" and "beri laluan"
Langgar belakang
ure suppose to follow the vehicle in front of u at least one car's length for every ten miles per hour of your speed..and that distance should be doubled for a 2 wheeler...what is means is keep your distance la...But the driver of a car has a duty not to stop abruptly without giving a warning example,,.taxi stop to pick passengers. But If a dog runs across the road and the car jams his breaks( emergency situation) then he is not to be blamed for the accident.
The speed limit for all roads in Malaysia, other than roads which has a speed limit, is 90km/j
Police report is supposed to be made within 48 hours of an accident or you can be summoned.
Damages
Injury
- Abdomen RM25,000
- Abrasions RM1000-3000
- Facial laceration RM15,000
- Muitiple abrasions and lacerations RM12,000
- Amputation above knee RM60,000-80000
- celebral Concussion RM3000-5000
- Loss of consciousnessand leg swelling RM4000
- Close fracture of zygoma(head) RM8000
- Fracture of fronto zygomatic suture and zygomatic complex with residual RM30,000 dissabilities(head)
- Left periorbital haematoma with subconjuntoval haemorrhage(eye) RM8000
- Traumatic neuropathy of eye with visual impact RM10,000
- Head injury with grade II diffuse axonal injury RM110,000
- mild head injury with polytraum, transient loss of consiousness and bleedingRM50,000 in right ear with moderate loss if hearing
- closed fracture of left maxilla (jaw) RM8000
- closed fracture of left malleolus with dissability and sensory deficit RM30,000
- closed fracture of femur RM18,000
- closed fracture of femur with dissabilities(shortening,muscle wasting) RM35000
- closed fracture of femur with residual dissabilities RM23,000
- closed comminuted midshaft fracture of femurnwith other residuals RM70,000
- cracked fracture of medial condyle of femur RM13,000
- spine fracture of C6,C7 with permanent paraplegia and spondylolisthesis of RM240,000 the C6 and C7 with posterior disc prolapse
- fracture of ribs RM6-10000
- fracture of ulna and radius RM17-25,000
- closed fracture of midshaft of the clavicle RM12,000
- epilepsy RM20,000
- Knee avulsion fracture of posterior cruciate ligament, crack fracture
- of medial femoral condyle,fracture of calcaneum and lacerations RM51,000
- fracture of patella RM16,000
- posterior cruciate ligament injury RM16,000
- loss of 6 teeth RM12,000
- moderately severe traumatic brain injury(impaired ability to concentrate and effecting learning ability) RM100,000
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