There are twofold rules of seeking compensation from the person who caused the road traffic accident.
When the driver causes motor vehicle accident as a result of which the injured party – in practice, typically a pedestrian – suffers damage, the former bears strict liability, namely the liability based on risk, i.e. regardless of whether he or she is to blame for the accident. When pursuing a case against the perpetrator, it is the injured party who is subject to the burden of proving the circumstances of the accident (including the proof as to who the perpetrator was), the injury suffered by him and the causal link between the injury and the accident – yet he does not have to prove the fault of the perpetrator.
In the case where the injury is a consequence of the collision between two or more motor vehicles, the liability of the perpetrator is based on fault, which means that in addition to the circumstances set out above, the victim must prove that the behaviour of the perpetrator was a culpable accident, namely that it can be alleged that the perpetrator acted intentionally or at least without due care.
If you are interested in obtaining compensation for the traffic accident, please contact BFP law firm on telephone number: +48 12 428 00 70 or by emailkrakow@bf.com.pl.