Petition for an Unspecified Claim Arising from a Traffic Accident

TO THE DUTY PRIMARY CIVIL COURT
OF ISTANBUL

PLAINTIFF: Name and Surname-(Turkish Republic Identity Number: …)-Address

ATTORNEY: Lawyer's Name and Surname - Address

DEFENDANT: Name and Surname – Address

Subject of the Lawsuit: The plaintiff claims that due to the permanent bodily harm sustained by the client in a traffic accident, resulting in permanent loss of earning capacity and performance-related income, the defendants shall be held jointly and severally liable for … TL in material damages (the total amount of which will be determined indefinitely according to Article 107 of Law No. 6100), along with applicable interest, court costs, and attorney fees. Furthermore, to secure our claim for compensation, a precautionary measure shall be placed on the vehicle with license plate number … used by the defendant in the accident.

VALUE OF CLAIM: … TL (Due to a traffic accident, … TL in material compensation, rights to claim further amounts reserved)

EXPLANATIONS:

1. On [date], the vehicle with license plate number [plate number], driven and controlled by the defendant [driver's name], attempted to enter the intersection on [street name] by making a careless and imprudent left turn. At that moment, the vehicle with license plate number [plate number], driven and controlled by the plaintiff [driver's name], coming from [direction number] to [direction number], cut in front of the vehicle with license plate number [plate number], which was coming from [direction number] to [direction number], and the traffic accident in question occurred. In the traffic accident report prepared after the accident, the defendant driver [driver's name] was attributed primary fault for violating Article 67 of the Traffic Law, while no fault was attributed to my client, the plaintiff [driver's name].
2. Following the accident, medical examinations revealed that the client sustained serious fractures in the lower back (spinal bone) and consequently, chronic pain. Due to the physical and psychological difficulties experienced after the accident, the client has not fully recovered. Furthermore, it is clear that this disability will negatively impact the client's professional life and even cause significant difficulties in their daily life.
3. The limitations imposed by the spinal fracture on our client are causing significant problems in performing their profession. For example, they are unable to perform tasks requiring intense physical activity. This has negatively impacted their professional productivity and performance, resulting in ongoing loss of earning capacity. This situation also significantly reduces their future earning potential.
4. Furthermore, these health problems experienced by the client have significantly affected their social life. Due to the pain and limited mobility they experience during daily activities, the client is experiencing a significant decrease in their quality of life. In particular, their ability to stand for long periods, walk, and perform other physical activities has been permanently limited.
5. Based on the client's age, active and passive life span, degree of physical disability, the gross negligence of the defendant vehicle owner, and evidence to be gathered during the trial, it is requested that monetary compensation be awarded in accordance with Article 107 of Law No. 6100, reserving the right to claim further damages.
6. Given the client's permanent disability, loss of earning capacity, and decline in professional performance, in addition to the monetary compensation we are seeking from the defendants, we also submit to your court's consideration the need for a precautionary measure to be placed on the vehicle used by the defendant in the accident, in order to ensure prompt compensation for the client's losses.

EVIDENCE:

1. Regarding the accident, the file of the Public Prosecutor's Office with investigation number …/… and decision number …/… non-prosecution,
2. ...Court of First Instance case file number .../... and its contents,
3. Traffic accident report,
4. Accident scene sketch report,
5. Alcohol reports,
6. Vehicle registration documents and traffic registry records of the vehicles involved in the accident,
7. Driving licenses,
8. The plaintiff's personal information,
9. All medical records of my client and the expert report to be prepared regarding the disability rate,
10. Insurance policy (Appendix-2),
11. Social and economic status survey,
12. Witness accounts,
13. Inspection and expert examination,
14. Other evidence.

LEGAL GROUNDS: Turkish Traffic Law No. 2918, Turkish Code of Obligations, Turkish Code of Civil Procedure No. 6100 and related legislation.

CONCLUSION AND REQUEST: For the reasons explained above, I respectfully request and demand that the court accept the case, order the defendants to jointly and severally pay my client, the plaintiff, ... TL in material compensation, which is currently an uncertain claim, as determined according to Article 107 of Law No. 6100, provided that it does not exceed the insurance limit, for the permanent bodily harm, loss of working capacity and performance suffered as a result of the traffic accident; that a precautionary measure be placed on the vehicle used by the defendant in the accident to secure our compensation claim; and that the court costs and attorney's fees be borne by the defendants.

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