EVALUATION OF TRAFFIC ACCIDENTS IN TERMS OF TORT

WHAT IS A TORT AND WHAT ARE ITS ELEMENTS?

Torts are regulated in Articles 49-76 of the Turkish Code of Obligations (TBK). A tort is causing harm to another person through an unlawful and culpable act. Therefore, for an act to constitute a tort, it must possess the elements required for a tort. The elements required for a tort are: there must be an action performed by individuals; the act must be unlawful; material or moral damage must result from the unlawful act; and a causal link must be established between the resulting damage and the unlawful act. The theory of causality required in torts is the theory of appropriate cause, and the Supreme Court accepts this theory; that is, in the theory of appropriate cause, the suitable cause that gives rise to the behavior causing the tort is considered causal. Finally, the person must be at fault in the damage resulting from the unlawful act. If these conditions are met, the act performed by a person will be called a tort. For the element of unlawfulness, which is one of the elements of a tort, to exist, the person's absolute right must have been violated. If damage occurs without a violation of an absolute right, the existence of this damage will not be considered sufficient for a tort. Because, in order to speak of an unlawful act, the personal rights or property rights of individuals must be violated unlawfully. These rights are absolute rights, and anyone can violate them. The elements of fault and damage in a tort are crucial in determining the perpetrator's liability for compensation. Because a person who causes harm through an unlawful and culpable act is obligated to compensate for the damages caused. Damage must result from the wrongful act for the perpetrator to be liable for compensation. Fault refers to the blameworthy nature of the act committed. Not every wrongful act constitutes a crime in the sense of criminal law, but every crime in the sense of criminal law constitutes a wrongful act, and the injured party can demand compensation for the damages suffered from the perpetrator.

WHAT ARE THE CIRCUMSTANCES THAT ELIMINATE THE ILLEGALITY?

Although some actions of individuals may contain all the elements of a tort, the law prevents these actions from being classified as torts, and these are called circumstances that remove the illegality. Circumstances that remove the illegality are regulated in Article 63 of the Turkish Code of Obligations: the act is not considered illegal in cases where it is the fulfillment of an authority granted by law, the consent of the injured party, a superior private or public interest, the perpetrator's conduct constitutes legitimate self-defense, the person protects their rights with their own means, and in cases of necessity. In these cases, the illegality is prevented by law.

WHAT DAMAGES CAN BE COMPENSATED UNDER THE SCOPE OF COMPENSATION FOR TORTS?

Individuals can claim material and moral damages for the harm they have suffered as a result of a tortious act. Damages that can be compensated as a result of a tortious act are divided into two categories: damages incurred in case of death and bodily harm. Damages incurred in case of death include: funeral expenses, medical expenses if death did not occur immediately, losses arising from the reduction or loss of earning capacity, and losses suffered by those deprived of the deceased's support. The law does not list these damages exhaustively. In other words, if the damages resulting from a tortious act occurred through an unlawful act and there is a causal link between the act and the damage, then damages other than these can be compensated. Similarly, bodily harms are not listed exhaustively in the Turkish Code of Obligations. However, bodily harms that can be compensated as a result of a tortious act include: medical expenses, loss of earnings, losses arising from the reduction or loss of earning capacity, and losses arising from the disruption of economic future. In cases of death and violation of bodily integrity, the damages to be compensated fall within the scope of a claim for material damages. A person harmed by a tortious act may claim not only material compensation but also moral damages for the losses suffered. The victim, whose physical integrity has been violated as a result of the tortious act, may request a suitable amount of money as moral compensation for the pain, grief, and distress caused. Furthermore, in cases of serious bodily harm or death, a suitable amount of money may be requested as moral compensation for the relatives of the injured party or the deceased. For example, if a person suffers serious harm to their arm, leg, or other limbs as a result of a tortious act, their relatives also suffer material and moral damages. Or, if the tortious act results in the death of the person, the relatives of the deceased may also claim moral compensation for the moral damages suffered due to the death of their loved one. Therefore, we can say that the relatives of the injured party also suffer damages. A person harmed by the violation of their personal rights may request a sum of money as moral compensation for the moral damages suffered. The judge may decide on another form of redress instead of this compensation or may add to it. Specifically, the court may issue a decision condemning the attack and order its publication. Relatives of the victim whose personal rights have been violated cannot claim compensation for moral damages.

IS THERE ANY TIME LIMIT FOR CLAIMING COMPENSATION FOR TORTIOUS ACTS?

Article 72 of the Turkish Code of Obligations regulates the statute of limitations for those seeking material and moral compensation. According to this article, a claim for compensation is subject to a two-year statute of limitations, starting from the date the injured party learned of the damage and the liable party, and in any case, ten years from the date the act was committed. However, if the compensation arises from an act punishable by a penalty for which the penal code prescribes a longer statute of limitations, that longer statute of limitations shall apply.

EVALUATION OF TRAFFIC ACCIDENTS WITHIN THE SCOPE OF TORTIOUS ACTS:

Traffic accidents can result in damages to individuals' personal rights or property. In such cases, the injured party can claim material and moral damages under the tort law. For a victim to claim compensation in a traffic accident, fault must be assessed. If the perpetrator is at fault as a result of the tort, and the damages to the victim's person or property have resulted from the tort, the victim can claim compensation up to the amount of the damage caused by the tort. This is because Turkish law does not have a deterrent effect on compensation; compensation is awarded only up to the amount of damage caused by the tort.