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Case

Getting home safely after work

After a long day of work in a Brabant boner factory, eight Romanian migrant workers board a van on their way to their shared home in Germany. The van, owned by the employer, is driven by a colleague. Presumably due to fatigue, he gets on the wrong side of the road and collides head-on with a truck. Five of them are killed; three are seriously injured.

The sorrow that remains

Ana survives the accident, but loses her fiancé Dorian. She is seriously injured, both physically and mentally. Their future plans - they were to marry - are gone overnight. Dorian dies in her arms. Elena and Florentin, Dorian's parents, lose their daughter Gabriela and son-in-law Horatiu. They now care for their grandson Bela, who lost both his parents. Claudiu, Horatiu's father, is left heartbroken. The impact on these families is unimaginable.

Why this affects me personally

I am writing this blog on the way back from Bucharest. The conversations with Ana, Elena, Florentin and Claudiu do not let me go. The raw emotions, the enormous resilience of these families and the loss that affects them: it grips me. I am ashamed of the conditions under which some people have to work in Holland.

Why they desperately need legal help

Ana and the bereaved have lost their loved ones and must now fight for compensation. You can't make it on your own in the complex personal injury system. Especially not when you have to deal with language barriers, grief and financial worries all at the same time. That is why they asked me for help.

Who is liable - and why that was obvious

In this case, liability is clear. The driver presumably fell asleep after a long day of work. In such a case, the occupants' damages will have to be compensated by the passenger van's insurer, while the employer can be held responsible for employee mistakes.

How I handled this

My focus was on securing all the rights of the victims. I appealed to several (legal) bases: the no-fault third-party rule, the employer's liability for staff misconduct, as well as the lack of proper insurance. Each victim and each survivor is entitled to their own approach and calculation of damages. To this end, I work together with medical and financial experts.

How I look back on this case

I admire the strength of these families. And frustration with the system that puts people in such vulnerable circumstances. This case reminds me why I became a lawyer: to provide justice.

Do you have questions about this, please contact Bojan Dekker.

Result

The insurer has now acknowledged liability. This is important because it opens the way to compensation - for medical expenses, loss of income and future provisions. For Ana, this means that she will receive support for her rehabilitation as well as compensation for her intangible damages. Unfortunately, affection damages for the loss of her partner cannot be compensated - that regulation only applies from 2019. For Bela's grandparents and Claudiu, we will now continue to substantiate their damages.

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