the legal responsibility of the operator and the owner of the enterprise to which the vehicle operator belongs
?

We need to examine this section in two parts. Our first examination will cover
damages caused to vehicles that are in operation, and the second
will cover damages caused to vehicles that are not in operation.

1- Liability for damages caused by a vehicle in operation : According to Article 85 of the Turkish Road Traffic Law; if a motor vehicle, while in operation, causes death, injury, or damage to a person, a joint and several liability arises between the person or persons operating the motor vehicle and the owner of the enterprise to which the vehicle operator belongs . If we examine the conditions in detail; a- It must be a motor vehicle.

• The definition of a motor vehicle is given in the Turkish Road Traffic Law (KTK). It refers to motor vehicles that move on land autonomously thanks to the power generated by the machinery within the vehicle itself, meaning they do not require any external power source . This includes buses, minibuses, trucks, etc. Additionally, vehicles that operate both in the air and on land are also included. However, vehicles that operate only in the air and on water are not included. b- The vehicle must be in operation
  
  
  
  
  
  
• Motor vehicles pose a significant danger while in operation, and therefore, the Turkish
  Road Traffic Law (KTK) primarily
  assesses liability for dangerous activities within the framework of the operator's strict liability. However,
  liability for damage caused when the vehicle is not in operation is based on strict
  liability,
  provided that: c) The vehicle is operated on a public road;
  d) Damage has occurred as a result of the vehicle's operation.
• For the operator of a vehicle to be held liable, damage
  must have occurred. As can be understood from Article 85 of the Turkish Traffic Law,
  for the operator of a motor vehicle to be held liable for death, injury, or damage,
  the motor vehicle must be in motion.
  e- There must be an appropriate causal link between the damage and the act.
• What we understand by a proper causal link is
  that there must be a causal connection between the harm that occurred according to the ordinary course of life and the act.
  f- The operating organization must not have been able to provide evidence.
• Another point we need to emphasize here is that the operator of a motor vehicle is liable even if there is no fault on their part, while the vehicle is in operation . To be relieved of liability for damages, the operator must prove one of the mitigating circumstances mentioned in Article 86 of the Turkish Traffic Law . These mitigating circumstances are: force majeure or the gross negligence of a third party. The operator is only relieved of liability for damages to the extent that they prove these. 2- Liability for damages caused by a vehicle not in operation.
  
  
  
  
  
  
  
• According to Article 85/3 of the Turkish Traffic Law; if an accident occurs while the vehicle is not in operation,
  the operator can only be held liable if the injured party
  proves that the operator's actions caused the damage.

that the vehicle was involved in the accident or that any defect in the vehicle
caused the damage.
If we examine the conditions in detail:
a- The damage must have resulted from a traffic accident caused by a motor vehicle that was not in operation
.

• Traffic accident: an event involving one or more motor vehicles on a road
  resulting in death, injury, or damage.
  b- The injured party must prove the fault of the vehicle operator.
• Since fault and liability are mentioned here, the vehicle operator has the right to appeal
  The capacity to appeal is sought. For persons lacking the capacity to appeal, the presumption of culpability applies
  It cannot be mentioned.
  c- The injured party is responsible for any defect or malfunction in the vehicle involved in the accident
  He must prove that it occurred.
  • In this section, the vehicle operator can be absolved of this liability by proving that the vehicle's malfunction was caused by a third party or by the injured party
    
    

ECE DIZDAROGLU