Car accidents can happen in the blink of an eye, and sometimes they occur when you least expect them, even when you are getting out of a vehicle. When you find yourself in such a situation, you might wonder if you have a claim for compensation.
Determining liability in these cases can be complex and depends on several factors.
Proving negligence
Negligence plays a central role in establishing whether you have a claim when you get hit while exiting your car. Negligence refers to when someone fails to use reasonable caution, resulting in harm to another person. To have a valid claim, you need to demonstrate that the driver who hit you was negligent in some way, such as by not paying attention or driving recklessly.
Contributory negligence
It is worth noting that your own actions may also play a role. If the other driver claims that you were not exercising reasonable care when getting out of your car—like suddenly swinging the door open without checking for oncoming vehicles—you might share some of the blame for the accident. This concept of contributory negligence can affect the court’s decision of who is liable for the accident. In some cases, even if you were only partially at fault, it could affect the amount of compensation you might receive.
Gathering evidence
To support your claim, gathering evidence is essential. This could include photographs of the accident scene, damage to the vehicles and any relevant medical records. Eyewitness accounts can also be valuable in establishing how the accident occurred and whether you have a strong claim.
The Insurance Institute for Highway Safety reports that hundreds of fatalities occur each year in stopped-vehicle crashes. Collisions that happen when someone is exiting their car are clearly life-threatening, so it is important that you claim the compensation you deserve after such an accident.
