The Effect of Alcohol on Fault in Traffic Accidents

We will address another frequently asked question: the effect of alcohol on fault in traffic accidents. As is known, alcohol consumption leads to impaired willpower and a significant decrease in the ability to think clearly. Consequently, individuals are unable to make sound decisions and may even regret the decisions they have made.

If a person has not consumed alcohol voluntarily—for example, at a wedding celebration, alcohol might be mixed into their drinks such as fruit juice or cola by friends or malicious individuals to make them intoxicated—then they are not held criminally responsible for involuntary alcohol consumption. This is quite normal, as the person's capacity for culpability is temporarily weakened due to their lack of fault.

One of the greatest risks of alcohol is driving under the influence. This is because when willpower is impaired, reflexes are consequently reduced. The relevant law includes provisions regarding driving under the influence of alcohol, and individuals are required to comply with these rules. Failure to do so will result in judicial and administrative sanctions upon detection. If a person has voluntarily consumed alcohol and the amount of alcohol consumed exceeds a certain blood alcohol level, they are fully liable and will be held fully responsible.

As a natural consequence of population growth, transportation has become a necessity for people. Over time, these developments have led to the limitation of individual freedoms, subject to certain rules. The fundamental reason for this is to minimize the harm to others when one right is exercised. Therefore, considering the incidents resulting from increased vehicle use, legislators have imposed certain restrictions on vehicles on the road and the drivers who will operate them. Alcohol, as mentioned in the title, falls within these restrictions. Both scientific and psychological research have shown that driving under the influence of alcohol is unacceptable.

In traffic accidents caused by drunk driving, a causal link between the driver's blood alcohol level and the accident is also sought. A degree of responsibility will be determined accordingly. Perhaps the driver, even if intoxicated, is not at fault in the accident. In this case, since no fault is attributed to the driver, there is no criminal liability.

Even if a driver's blood alcohol level exceeds a certain threshold and they are too intoxicated to properly control their vehicle, if the individual is found to be blameless in the traffic accident, the insurance company providing coverage should compensate for the damages. The blood alcohol limit is regulated differently for private and commercial vehicle drivers. The driver's fault due to alcohol in the accident must be thoroughly investigated, as this is directly related to causality. If fault is found, the driver may face public prosecution by the prosecutor's office. The relevant article of the Turkish Penal Code regulates the crime of intentionally endangering traffic safety and stipulates a sentence of imprisonment from three months to two years. Following an accident, the driver's license is confiscated for six months by traffic police, and an administrative fine is imposed, the amount of which is updated annually. If a person intentionally causes an accident under the influence of alcohol, they are considered at fault even if they did not intend the accident, simply because they consumed alcohol voluntarily. However, for this penalty to apply, the incident must be concretely documented. Because this crime can only be committed intentionally, it must have occurred or be likely to occur.

While it's not necessary for a person to have caused an accident, according to the relevant article of the Highway Traffic Law, driving under the influence of alcohol above a certain blood alcohol level is punishable by imprisonment under the Turkish Penal Code. In this case, you will be stopped during routine checks or if your suspicious behavior attracts attention, and a breathalyzer test will be conducted. If you test positive for alcohol (within the minimum blood alcohol level), you will receive an administrative fine and your driver's license will be suspended for a period. However, if you exceed the minimum level, a public prosecution will be initiated against you, and you may face criminal liability. Furthermore, it should be noted that when drunk driving is detected, the vehicle is also impounded by traffic police.

If a person continues to drive under the influence of alcohol, their driver's license is confiscated for two years.

Regarding the concept of blood alcohol content (BAC), BAC is a unit of measurement that indicates how many milligrams of alcohol are in an individual's blood. Scientific research has shown that the amount of alcohol in the blood decreases by a certain percentage each hour, depending on the amount of alcohol consumed.

The impact of alcohol on traffic accidents has also been addressed in Supreme Court rulings. Specifically, within the scope of the right to seek justice, if individuals do not receive the desired decision in the first instance court, they take the case to the Court of Appeals, the ordinary legal remedy. If no result is obtained there, the case is finally decided by the Supreme Court of Appeals, the highest court of appeal, after a comprehensive review. Let's examine the Supreme Court's decision regarding the influence of alcohol in traffic accidents.

the decision of the 17th Civil Chamber of the Court of Cassation dated March 7, 2019, numbered 2016/6764 E., 2019/2595 K.;considering the information and documents in the file, the fact that there is no procedural or legal irregularity in the discussion and evaluation of the evidence relied upon in the reasoning of the court decision, and that the traffic accident occurred solely under the influence of alcohol and that the Social Security Institution (SGK) does not acquire party status by being included in the case due to the lawsuit being filed after the entry into force of Law No. 6111, all the appeals of the plaintiff's attorney, which are deemed unfounded, are rejected, and the judgment, which is found to be in accordance with procedure and law, is AFFIRMED. The remaining affirmation fee of 15.20 TL, the details of which are written below, shall be collected from the plaintiff who appealed. This decision was made unanimously on March 7, 2019.