FATAL AND INJURY TRAFFIC ACCIDENTS

Traffic accidents have become an unavoidable reality of the modern world. Every year, millions of people worldwide lose their lives or are seriously injured as a result of traffic accidents. This situation is of great importance not only from a health and safety perspective, but also in its legal and social dimensions. Fatal and injury-causing traffic accidents, in particular, require a meticulous legal process to protect the rights of victims and their families.

Traffic accidents can be defined as incidents involving motorized or non-motorized vehicles on roads, resulting in death, injury, or property damage. From a legal perspective, traffic accidents are related to various fields such as criminal law, compensation law, and insurance law.

 

Criminal Law Aspect: In fatal or injury-causing traffic accidents, if the driver's negligent behavior is determined, this falls under criminal law. The person who caused the traffic accident may be prosecuted for negligent homicide or injury. Articles 85 and 89 of the Turkish Penal Code contain provisions on this matter.

Manslaughter by negligence

Article 85 - (1) A person who causes the death of another person through negligence shall be punished with imprisonment from two to six years.

(2) If the act has resulted in the death of more than one person or the death of one or more persons together with the injury of one or more persons, the person shall be punished with imprisonment from two to fifteen years.

Injury due to negligence

Article 89 - (1) A person who negligently causes pain to another person's body or damages their health or sensory abilities shall be punished with imprisonment from three months to one year or a judicial fine.

(2) The act of causing injury through negligence is committed by the victim;

a) The persistent weakening of the function of one of their senses or organs,

b) Bone fractures in the body,

c) Persistent difficulty in speaking,

d) Permanent scar on the face,

e) A situation that endangers one's life,

f) The premature birth of a child to a pregnant woman,

Whatever the reason, the penalty determined according to the first paragraph shall be increased by half.

(3) The act of causing injury through negligence is committed by the victim;

a) An incurable disease or entry into a vegetative state,

b) Loss of function of one of the senses or organs,

c) Loss of the ability to speak or procreate,

d) Constant changes in her face,

e) Causing a pregnant woman to miscarry,

Whatever the reason, the penalty determined according to the first paragraph shall be increased by one fold.

(4) If the act results in injury to more than one person, the sentence shall be imprisonment from six months to three years.

(5) (Amended: 6/12/2006 – 5560/5 art.) Investigation and prosecution of the crime of negligent injury is subject to complaint. However, except for the injury covered in the first paragraph, no complaint is required if the crime is committed with conscious negligence.

 

Compensation Law Aspect: Traffic accidents are also of great importance in terms of compensating the material and moral damages suffered by the victims. In such cases, victims can file a compensation lawsuit against the driver or the insurance company.

Articles 49 and 50 of the Turkish Code of Obligations contain provisions on this matter.

• Turkish Code of Obligations Article 49: "A person who causes harm to another through a culpable and unlawful act is obligated to compensate for that harm."
• Article 50 of the Turkish Code of Obligations: “If damage has occurred due to the fault and unlawful act of more than one person, those who jointly caused the damage are jointly and severally liable to the injured party.”

 

Insurance Law Aspect: In traffic accidents, types of insurance such as mandatory traffic insurance and comprehensive vehicle insurance come into play. These insurances play a significant role in compensating the victims for their losses.

Legal Responsibility and Fault Determination

Determining legal responsibility in fatal and injury-causing traffic accidents depends on the circumstances of the accident and the degree of fault of the parties involved. Fault is determined through evidence such as on-site investigations, witness statements, security camera footage, and expert reports. The degree of fault can vary depending on the circumstances of the accident and the behavior of the parties.

Types of Fault in Traffic Accidents:

1. Negligence: This refers to causing an accident unintentionally as a result of violating traffic rules. Examples include exceeding the speed limit and failing to obey traffic lights.
2. Intentional Fault: This refers to a traffic accident that is caused knowingly and intentionally. Such accidents can be met with more severe penalties under criminal law.

 

Legal Processes and Litigation

Legal processes following traffic accidents can be examined under two main headings: criminal proceedings and compensation claims.

1. Criminal Proceedings: If an accident results in death or injury, the case is referred to the prosecutor's office, and a judicial investigation is initiated. After gathering evidence and determining fault, the prosecutor's office may file charges against the driver. The court makes its decision after evaluating the statements of the parties, expert reports, and other evidence.
2. Compensation Claims: The injured party or their relatives can file a compensation claim against the driver or insurance company to recover the damages they have suffered. In compensation claims, both material damages (medical expenses, loss of earning capacity, vehicle damage, etc.) and non-material damages (pain, suffering, grief) are taken into account. According to the Turkish Code of Obligations, the injured parties can make such compensation claims.

The Role of Insurance Companies

Insurance companies play a crucial role in compensating victims of traffic accidents. In Türkiye, compulsory traffic insurance is a type of insurance that every vehicle owner must have and covers a certain percentage of damages caused to third parties in accidents. In addition, optional comprehensive insurance is also effective in covering the vehicle owner's own damages.

 

Compulsory Motor Vehicle Insurance:

Compulsory traffic insurance covers damages caused to third parties by a driver found at fault in an accident. The insurance company compensates for material and bodily harm within the limits specified in the policy. However, if the insurance coverage is exceeded, the injured parties can directly contact the driver at fault.

 

Comprehensive Car Insurance:

Comprehensive car insurance covers damages to the vehicle owner's own vehicle. Comprehensive insurance policies can vary depending on the type of accident, the value of the vehicle, and the coverage offered by the insurance company. Comprehensive car insurance provides the vehicle owner with broad protection and often comes into play when mandatory traffic insurance is insufficient.

• Supreme Court 12th Criminal Chamber Decision: “In cases of death and injury resulting from traffic accidents, expert examinations at the scene and witness statements are of great importance in determining the degree of fault. The Supreme Court emphasizes that when determining fault, the speed, compliance with traffic rules, and level of attention of both parties at the time of the incident must be taken into consideration.”
• Supreme Court 4th Civil Chamber Decision: “In determining the amount of compensation for damages resulting from traffic accidents, a fair calculation should be made taking into account the economic situation of the injured party, loss of earning capacity, and emotional distress. The Supreme Court states that in compensation cases, the victims' damages must be fully and completely compensated.”
• The Supreme Court's 17th Civil Chamber ruled: "Regarding compensation for damages covered by compulsory traffic insurance, it has been determined that the liability of insurance companies is limited to the limits specified in the policy; however, if the damages exceed these limits, claims for additional compensation should be directed directly to the driver who caused the accident."

 

17th Civil Chamber, Case No. 2014/22586 E., Decision No. 2017/5506 K.

 

"Case Law Text"

COURT: Commercial Court

Following the trial of the compensation case between the parties, and upon the appeal filed by the plaintiff's attorney within the prescribed time limit against the judgment accepting the case for the reasons stated in the decision, the file was examined and the necessary considerations were made:
-DECISION-
The plaintiff's attorney stated that on 27/05/2013 at approximately 22:50, a double-sided incident occurred in front of the ... Casino, located at kilometer 62, meter 850 of the Seferihisar - ... Highway positive-injuries and property damage traffic accident It was determined that the accident occurred because the defendant company's insured driver, ..., was driving the vehicle with license plate 35 ZK 897 with a blood alcohol level of 240.8 per mille, while under the stimulating effects of alcohol, and was driving carelessly and negligently traffic by jeopardizing their safety positive-injuries and property damage traffic accident because it caused the occurrence of the incident, Highways Law No. 2918 Traffic In accordance with Articles 48/5 and 84 of the law, it was concluded that the driver, ..., was primarily and fully at fault, while the other driver was found to be blameless traffic accident As a result, the plaintiff stated that his/her spouse had passed away, and that the plaintiff's spouse.. traffic from the accident The plaintiff requested that the defendant company be ordered to pay 10,000.00 TL in material compensation, plus legal interest from the date of the lawsuit, for the loss of support resulting from the death of the plaintiff, and that the court costs and attorney's fees be borne by the defendant company. The plaintiff's attorney amended the claim, increasing it to 70,431.10 TL.
The defendant's lawyer requested that the case be dismissed.
The court, based on the claims, defenses, collected evidence, and the adopted expert report, partially accepted the case and ruled that the defendant should pay the plaintiff 60,729.43 TL with legal interest accruing from the default date of July 5, 2013, and rejected the excess claim; the judgment was appealed by the plaintiff's attorney.
Given that the information and documents in the file, and the discussion and evaluation of the evidence relied upon in the reasoning of the court's decision, do not contain any procedural or legal irregularities, it was unanimously decided on May 15, 2017, to reject all the appeals of the plaintiff's attorney, which are deemed unfounded, and to AFFIRM the judgment, which is found to be in accordance with procedure and law, and to collect the remaining affirmation fee of 3,111.27 TL, as detailed below, from the plaintiff who filed the appeal.

Intern Student

Behiye Zeynep Ozturk