TRAFFIC ACCIDENTS AND MORAL DAMAGES

With the ever-advancing technology, many of us find ourselves using motor vehicles for a significant portion of our lives. Moreover, this usage cannot be confined to specific age ranges. A 10-year-old primary school student uses these vehicles to go from home to school, while a middle-aged individual may use them simply to get from home to work. In an era of such widespread motor vehicle use, the fact that the decision-making mechanism is human, a being capable of making mistakes, makes traffic accidents inevitable. To prevent the suffering that may occur in traffic accidents, whether within the city or on intercity roads, there is a mandatory type of insurance called traffic insurance, which protects both the at-fault party and the injured party. Many people lack information about how this protection works, what their rights are, and how they can claim them. Here, we will try to answer these questions. If we are involved in a traffic accident and are the victim, we can claim material and moral damages from the other party. These compensation lawsuits can be filed against the vehicle driver, the vehicle owner, and the insurance company. If we file a compensation claim against all of these individuals together within legal limits, we are more likely to win compensation. For example, if the public transport vehicle you use is involved in a traffic accident and you suffer harm as a result, this harm may be physical, psychological, or material. You have the right to claim material and moral compensation to remedy your harm. Moreover, since public transport services are the responsibility of the municipality in such an accident, and the municipality is an administrative body, responsibility cannot be placed solely on the driver or the insurance company. In this case, the vehicle driver, the insurance company, and the municipality are held jointly and severally liable. However, this responsibility is distributed in proportion to their faults, and they are obligated to remedy the harm to the victims in that proportion. We have discussed our right to claim material and moral compensation in traffic accidents and in what situations and against whom we can assert these claims. Now, we will discuss one of our compensation claim rights, in its simplest form: "moral compensation.".

Moral Damages in Traffic Accidents: Moral damages represent compensation for the distress and psychological distress experienced by a person as a result of an incident, which cannot be measured in monetary terms. As a rule, only the person directly harmed by the incident has the right to claim moral damages. The right to claim moral damages in traffic accidents varies depending on whether the accident resulted in injury or death. Another exception applies to cases of injury. As mentioned, moral damages can generally only be claimed by the person directly harmed by the incident. However, if there is an injury as a result of the accident, the right to claim varies depending on the degree of injury. In the case of a minor traffic accident resulting in injury, only the injured person has the right to claim moral damages. However, if there is a serious bodily injury, the relatives of the injured person can also claim moral damages. In traffic accidents resulting in death, the deceased person cannot claim compensation, so this right can be exercised by their relatives. The deceased person's parents, spouse (if married), and children, etc., can claim moral damages. Another important point we want to mention is that, as we previously stated, the relatives of the deceased can claim compensation for moral damages in cases of serious injury or death. The constantly debated issue, and clearly stated by the Supreme Court, is what we should understand by the phrase "relatives of the deceased." "Relatives of the deceased" does not refer solely to blood relations. The crucial point is "emotional closeness." Therefore, even if you have no family relationship or blood relation, you have the right to claim compensation for moral damages due to the pain and grief you experienced from the death of the deceased.

Determining Non-Pecuniary Damages in Traffic Accidents: When defining non-pecuniary damages, we noted that they cannot be measured in monetary terms. We will briefly explain the criteria considered and who determines this immeasurable damage. Firstly, the authority to determine non-pecuniary damage rests with the judge. While expert assistance may be sought if deemed appropriate, the final decision still belongs to the judge. The judge's discretionary power does not mean they can decide arbitrarily. The judge must also state the reasoning behind their determination of the damage in their decision. In determining the amount of non-pecuniary damages in traffic accidents, there is no single criterion. The decision is made fairly, taking into account factors such as whether the parties are at fault, the degree of fault of the at-fault party, the socio-economic status of the parties, and the manner in which the traffic accident occurred.

FURKAN YILDIRIM