Contributory Negligence Reduction in Traffic Accidents

Traffic accidents continue to increase in our country day by day. While there are various reasons for this increase, it would not be wrong to say that the most important factor is the human factor. Considering the human factor, in the event of a traffic accident, the person who caused the accident, i.e., the negligent party, is held responsible for covering the damages that may occur. However, determining who will be liable for compensation as a result of a traffic accident is not as easy as it seems. There are certain criteria for determining these parties to be liable for compensation and even for determining the proportion of compensation that those who will pay will pay. Those who will be held liable for compensation are obliged to pay compensation in proportion to their fault. The concept of "contributory negligence" is of great importance in determining this fault ratio and the compensation accordingly. Contributory negligence is a situation that causes a reduction in the compensation to be paid or no compensation at all when the injured party caused or increased the damage. For us to be able to talk about contributory negligence and for a reduction in the compensation awarded accordingly, there are certain conditions explicitly stated in the law. Article 52 of the Turkish Code of Obligations explains these conditions. For a claim of contributory negligence on the part of the injured party to be valid, there must be a tortious act committed by the injured party, resulting in damage, negligent or careless conduct by the injured party, and a causal link between the damage and the negligent conduct. The concept of contributory negligence, by its very nature, aims to partially mitigate or completely eliminate the liability of the person who has incurred the burden of compensation, in accordance with equity. In other words, instead of a person who is a victim of a traffic accident receiving compensation simply for being a victim, it is examined whether they also had any significant negligence in causing their victimization. Individuals involved in traffic – pedestrians, drivers, passengers, etc. – have responsibilities that must be fulfilled, considering the principle of good faith. Those who fail to fulfill these responsibilities may not receive compensation, even if they are the victim. In short, in such cases, the law does not impose a unilateral responsibility; the victim also has responsibilities. Situations such as the driver's negligence or pedestrians failing to use crosswalks while crossing the road directly contribute to the outcome and therefore fall under the category of contributory negligence. In traffic accidents, a 20% reduction in compensation for contributory negligence is applied, a rate determined by the Supreme Court and frequently used in court decisions. When contributory negligence is determined in a traffic accident, a 20% reduction is applied to the existing compensation. Any reduction below or above this rate is deemed incorrect by the Supreme Court. In this regard, according to the ruling of the 17th Civil Chamber of the Supreme Court of Appeals, numbered 2018/5461 E., 2019/10629 K., dated 13.11.2019:“The case concerns a claim for compensation for loss of support arising from a traffic accident. Contributory negligence, where the victim is also at fault in causing or increasing the damage, is regulated in Article 44 of the Turkish Code of Obligations (Article 52 of the Turkish Code of Obligations No. 6098). Accordingly, if the injured party consented to the act causing the damage, or if the circumstances and conditions caused by the injured party influenced the occurrence of the damage, or otherwise aggravated the situation of the person liable for compensation, the judge may reduce the amount of compensation. In this case, the court, in accordance with Article 52 of the Turkish Code of Obligations No. 6098 (Article 44 of the Turkish Code of Obligations No. 818), may reduce the compensation amount by 20% for the plaintiff… due to the passenger boarding the vehicle knowing that the deceased was intoxicated.” "While a reduction for contributory negligence should be applied, applying a 15% reduction is incorrect." (Supreme Court of Appeals, 17th Civil Chamber, Case No. 2018/5461, Decision No. 2019/10629, November 13, 2019). As seen in the Supreme Court decision we examined, any decision given above or below this rate is deemed incorrect by the Supreme Court.