DETERMINING FAULT IN TRAFFIC ACCIDENTS

When traffic accidents occur, fault investigations require a rigorous examination, both in terms of documentation and action. Examining actions solely in terms of compliance with laws, regulations, statutes, and certain rules would be insufficient; similarly, focusing solely on the damages caused by the actions would also be inadequate. Indeed, if an action or behavior is against the rules, but the damage did not result from that action, a causal relationship cannot be established between the damage and the action, and therefore the individual who violated the rules is not held responsible for the damage.

Expert Fault Examination

In practice, it is common to encounter cases where the investigation of fault is limited solely to documentation. In such cases, the expert only examines whether the action complies with traffic regulations, potentially disregarding the relationship between the behavior, the action, and the resulting damage.

The Fault-Damage Link in Determining Compensation

In a compensation claim, it must be proven that fault caused "damage"; in other words, a proper causal link must be established between the "fault" and the "damage." Only after this link is established can the stage of determining the "degree" of fault, or in other words, the "percentage of fault," be reached.

Determining the Defect Rate

Traffic accident litigation processes are subject to various investigations to determine fault and compensation rates. However, in practice, it can be said that the process of investigating fault and determining the rate, which are primary factors in determining the scope and amount of compensation, is not managed effectively. Indeed, in some cases, if sufficient investigation is not conducted in the fault investigation processes, erroneous conclusions may be reached in the evaluations. However, this erroneous judgment causes the "amount of compensation" that the plaintiffs who have suffered damage as a result of the wrongful act will demand from the defendant to be determined according to an incorrect fault rate. Therefore, whether compensation is paid or rejected depends on the fault rate determined after the traffic accident. Furthermore, an overestimation of fault will result in an increased amount of compensation; conversely, an insufficiently determined fault rate will result in a lower amount of compensation.

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