LAWSUIT PETITION FILED DUE TO FATAL TRAFFIC ACCIDENT

LAWSUIT PETITION FILED DUE TO FATAL TRAFFIC ACCIDENT

TO THE ……. PRIMARY COMMERCIAL COURT;

PLAINTIFFS:

1- Ayşe YILMAZ (Heir's spouse)
Turkish Republic Identity Number: …
Address: … / …

2- Mehmet YILMAZ (Inheritor's child)
Turkish Republic Identity Number: …
Address: … / …

3- Elif YILMAZ (Heir's child)
Turkish Republic Identity Number: …
Address: … / …

REPRESENTATIVE: Attorney Irem EPÇAÇAN – address

DEFENDANTS:

1- A Logistics Transportation and Trade Inc. (Vehicle owner/operator)
Address: … / …

2- AK (Driver)
TC No: …
Address: … / …

3- X Insurance Inc. (Compulsory financial liability insurer)
Address: … / …

SUBJECT OF REQUEST:

Due to the fatal traffic accident dated …, material and moral compensation . Since the exact amount of the claim cannot be determined at the time of filing the lawsuit, we are filing a request hereby.

• The plaintiff Ayşe YILMAZ is entitled to 50,000 TL in material damages and 50,000 TL in moral damages.

• The plaintiff, Mehmet YILMAZ, is seeking 30,000 TL in material damages and 40,000 TL in moral damages.

• The plaintiff, Elif YILMAZ, is seeking 30,000 TL in material damages and 40,000 TL in moral damages.

total of 190,000 TL from the defendants (with the insurance company being limited to the policy limit) together with advance interest/legal interest accruing from the date of the accident, …/…/20… . (Our rights regarding any excess amount are reserved.)

VALUE OF THE CLAIM: 190,000 TL

EXPLANATIONS:

In the fatal traffic accident that occurred on …/…/20… at the … km location on the … Highway in … district of … province ; the commercial truck/tractor-semi-trailer with license plate number … registered in the name of the defendant A Logistics Transportation and Trade Inc. , driven by the defendant driver AK , collided with the vehicle with license plate number … driven by the deceased … YILMAZ; as a result of the accident, the deceased … YILMAZ died at the scene/in the hospital.

The defendant company conducts its commercial activities in the field of logistics and freight transportation ; the vehicle involved in the accident is a vehicle used within the commercial enterprise and is designated as a commercial enterprise within the meaning of the Turkish Commercial Code.

Following the accident, an investigation was initiated by the Public Prosecutor's Office of the Republic of Turkey under file number ... dated .../.../20... ; in the traffic accident report, expert reports and fault reports prepared , it was determined that the defendant driver AK ;

• Driving at excessive speed,

• Failure to maintain a safe following distance,

• Violating lane change rules

primarily and fully at fault . No fault attributable to the deceased … YILMAZ has been found / the rate of secondary fault is low.

against the defendant driver Article 85 of the Turkish Penal Code (causing death by negligence) , and the criminal proceedings are pending/finalized in the case file numbered ... of the ... High Criminal Court.

The commercial truck/tractor with license plate number … involved in the accident was insured under compulsory financial liability insurance with the defendant X Insurance Inc. at the time of the accident

Since the vehicle was used within the scope of the defendant company's commercial logistics activities, the dispute arises from an insurance contract and is related to a commercial business .

Therefore, this case is a commercial case pursuant to Articles 4 and 5 of the Turkish Commercial Code No. 6102, and the Commercial Court of First Instance has jurisdiction.

• The defendant driver, AK, Articles 49 et seq. of the Turkish Code of Obligations due to his negligent actions.

• The defendant , A Logistics Transportation and Trade Inc. , is the owner and operator of the vehicle involved in the accident and is strictly liable as the operator pursuant to Article 85 of the Turkish Traffic Law ; furthermore, it is also liable for the driver's fault pursuant to Article 66 of the Turkish Code of Obligations (employer's liability) .

• The defendant, X Insurance Inc. , is obligated to cover the liability of the operator and driver within the limits of the ZMMS policy

Therefore, the defendants jointly and severally liable with respect to the plaintiffs who have been deprived of the support of the late … YILMAZ (with the insurance company being limited to the policy limit).

The deceased, … YILMAZ, was actively working at the time of the accident and was a worker/craftsman/tradesman earning above the minimum wage, providing for his family. The plaintiffs;

• His wife, Ayşe YILMAZ,

• Their children are Mehmet YILMAZ and Elif YILMAZ.

the deceased's active and regular financial support.

Due to death;

• The plaintiffs claimed loss of support.

• Funeral and burial expenses,

• If there has been a treatment process, the treatment costs

in terms of material damage,

• As spouses and children, they have suffered an irreparable loss and have experienced profound grief, pain, and suffering, resulting in emotional distress .

In calculating compensation for loss of support, factors such as the deceased's age, income, occupation, number of dependents, and duration of support must be taken into account. Therefore, the exact amount of the damage cannot be determined solely by the plaintiffs at the time of filing the lawsuit. For this reason, our claim currently of a partial/uncertain nature , and we reserve the right to increase or amend our claim after an expert examination is conducted .

The plaintiffs submitted their claims for material and moral damages under the policy to X Insurance Inc. with an application dated …/…/20… ; however,

• Or no payment has been made at all,

• Or, a symbolic payment was offered, far from meeting their demands.

Therefore, the dispute could not be resolved amicably, and filing a lawsuit became necessary.

LEGAL GROUNDS: Turkish Commercial Code, Turkish Code of Obligations, Turkish Commercial Code, Turkish Code of Civil Procedure and related legislation.

EVIDENCE:

• Traffic accident report,

• The Public Prosecutor's Office investigation file and, if any, the criminal court decision,

• Fault reports, crime scene sketch, expert reports,

• Vehicle registration records (title deed / vehicle registration),

• Mandatory financial liability insurance policy and general terms and conditions

• Population registration records, inheritance certificate,

• Social Security Institution (SGK) service records, payrolls, tax returns, business records (for income verification),

• Invoices for funeral, burial, and medical expenses,

• The application letter and the response letters sent to the insurance company,

• If necessary, witness statements (names and addresses will be provided later),

• Expert examination (actuarial/occupational safety/road traffic, etc.),

• All kinds of legal evidence.

CONCLUSION AND REQUEST:

For the reasons stated and explained above, and also taking into consideration the matters that your Court may consider ex officio;

1. .../.../20... The plaintiffs are seeking compensation for the material and moral damages they suffered due to the death of the late ... YILMAZ as a result of the fatal traffic accident that occurred on that date.

2. The court orders the defendants (with the insurance company being limited to the policy limit) to jointly and severally pay a total of 190,000 TL, including 50,000 TL in material damages and 50,000 TL in moral damages for the plaintiff Ayşe YILMAZ; 30,000 TL in material damages and 40,000 TL in moral damages for the plaintiff Mehmet YILMAZ; and 30,000 TL in material damages and 40,000 TL in moral damages for the plaintiff Elif YILMAZ, along with interest accruing from the date of the accident, …/…/20…

3. The court costs and attorney fees shall be borne by the defendants

4. Based on the expert examination and actuarial calculation results, we reserve the right to increase our claim through amendment/additional lawsuit, while reserving our rights to claim further amounts.

I respectfully request and demand, as the plaintiffs' attorney, that a decision be made.

Plaintiff's Attorney

Attorney Irem EPÇAÇAN