Full Judicial Review Petition Regarding Compensation for Damages Caused by Road Defects

TO THE DUTY ADMINISTRATIVE COURT
OF ANKARA

PLAINTIFF: [Name and Surname] – (Turkish Republic Identity Number: …) – Address

ATTORNEY: Lawyer [Name and Surname] – Address

DEFENDANT: [Municipality/…]

SUBJECT OF THE CASE: Full Judgment Case

VALUE OF THE CLAIM: … TL

DATE OF APPLICATION TO THE ADMINISTRATION: …/…/…

THE DATE THE ADMINISTRATION IMPLIEDLY REJECTED OUR APPLICATION: …/…/…

SUBJECT OF REQUEST: It is requested that the court accept the justified claim and order the defendant administration to pay our receivable of … Turkish Lira, together with legal interest from the date of the incident, …/…/….

EXPLANATIONS:

1. My client's vehicle, with license plate number …, model number …, and make number …, was being driven by his daughter, [Daughter's Name], on …/…/… while traveling from the direction of … Faculty of Education towards …. At the intersection of … Street, the defendant Municipality's Public Works team and vehicles were carrying out work. Because one lane of the road was closed, my client changed lanes to avoid hitting the vehicles carrying out the work. His vehicle then collided with the vehicle with license plate number … driven by [Driver …] and subsequently with the vehicle with license plate number … driven by [Other Driver]. This accident resulted in injuries and material damage. The defendant Municipality's Public Works teams failed to place the necessary signs and road markings on the road during the work, and this negligence made the accident unavoidable.
2. Investigations conducted after this accident revealed that the defendant administration failed to safely direct traffic during the work and did not place the necessary warning signs. My client suffered significant financial loss as a result of this incident, with damage to his vehicle amounting to … TL. Furthermore, my client's vehicle, being a classic car, has experienced a 30% depreciation in value due to this accident. Considering the transportation expenses of my client and his family during this period, the total damage has been determined to be … TL. Additionally, my client was forced to have a fault and damage assessment carried out in the [Civil Court of First Instance] case file number …/… D. İş EK, incurring expenses of … TL for this process.
3. In accordance with Article 13 of the Administrative Procedure Law, we applied to the defendant Municipality on …/…/… for compensation for the said damages, but received no response within the 60-day legal period, and our claim has not been paid. Therefore, it has become necessary to file this lawsuit.

EVIDENCE:

1. The application made to the administration,
2. The determination file numbered …/… D. İş EK of the [Civil Court of First Instance] and the damage and fault reports contained therein,
3. Incident report,
4. A photocopy of my client's vehicle registration certificate
5. A photocopy of the driver's license of the driver involved in the accident
6. [Public Prosecutor's Office] file documents regarding the accident no. …/… Hz,
7. Alcohol and medical reports,
8. My client's vehicle insurance policy,
9. All other legal evidence.

LEGAL GROUNDS: Relevant legislation.

CONCLUSION AND REQUEST: For the reasons briefly explained above, I respectfully request and demand that the rightful claim be accepted and that the defendant administration be ordered to pay our receivable of … Turkish Lira, together with legal interest from the date of the incident, …/…/…, and that the court costs, including attorney's fees, be borne by the opposing party.

…/…/…
Plaintiff's
Attorney [Name and Surname]
Signature

17th Civil Chamber, Case No. 2013/18435 E., Decision No. 2013/16899 K.

"Case Law Text"

The lawsuit concerns a claim for compensation for damages resulting from a traffic accident.

...The plaintiff claims that the damage caused by their vehicle falling into an uncovered manhole on the road was recovered from the defendant, ... (who was not a Metropolitan Municipality at the time of the lawsuit), and the lawsuit is based on negligence in service. Municipalities, which are obligated to provide public services, are not subject to private law provisions for damages caused during the performance of public services. Damages arising from the exercise of duties and powers granted to public legal entities by law are, by their nature, damages arising from negligence in service, and in order to recover these damages, a
full judicial review lawsuit based on negligence in service must be filed in the administrative court in accordance with Article 2 of the Law on Administrative Procedure...

Council of State, 15th Chamber, Case No. 2018/736 E., Decision No. 2018/6709 K.
“Case Law Text”

...Article 125 of the Constitution stipulates that the administration is obligated to compensate for damages arising from its own actions and procedures.
According to Article 7(a) of the Highway Traffic Law No. 2918, it is the duty of the defendant administration to take and ensure the necessary arrangements and markings for the safety of life and property on the highways for which it is responsible for construction and maintenance. Furthermore, according to Law No. 6001 on Organization and Duties, the defendant administration is responsible for constructing, commissioning, ensuring the safe use of, repairing, operating, and managing highways. The defendant administration is obligated, as described above, to conduct traffic on highways in a manner that ensures the safety of life and property, and to compensate for damages arising from service defects during the performance of this service.
One of the reasons for holding the administration liable for damages arising from the performance of public services is service defects, generally defined as malfunctions and deficiencies in the establishment and operation of a public service.

The aim of full judicial review cases, which are a consequence of the legal responsibility of the administration, is to compensate for the damage suffered due to an action or procedure of the administration. When resolving such a dispute, it is necessary to determine whether a definite and real damage has occurred and whether this damage resulted from a deficient or faulty action of the administrative service…