What are the compensation rights of pedestrians in traffic accidents?

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What is a pedestrian traffic accident?

A pedestrian traffic accident is defined as a pedestrian being struck, squeezed, or knocked down by a motor vehicle on or in areas considered as a road, or suffering bodily harm as a result of a vehicle's movement. Pedestrian accidents can occur at pedestrian crossings, school crossings, intersections, sidewalks, parking lots, residential areas, shopping mall parking lots, service areas, bus stops, roadsides, or on carriageways.

Pedestrians are one of the most vulnerable elements of the traffic system. Unlike drivers or passengers in vehicles, pedestrians have no physical protection. Therefore, pedestrian accidents can result in more than just minor injuries; they can cause very serious consequences such as bone fractures, head trauma, internal bleeding, spinal cord injuries, permanent disability, organ loss, permanent facial scarring, psychological trauma, and death.

Following a pedestrian traffic accident, the victim faces not only hospital expenses but also loss of income due to inability to work, permanent disability, caregiver costs, additional treatment expenses, disruption of economic future, and moral damages. In the Turkish Code of Obligations, bodily injuries are regulated as treatment expenses, loss of earnings, losses arising from the reduction or loss of working capacity, and losses arising from disruption of economic future.

Compensation Rights in Pedestrian Traffic Accidents

A pedestrian injured in a traffic accident may claim compensation from the driver, vehicle operator, vehicle owner, the owner of the business to which the vehicle is registered, the compulsory traffic insurance company, and in some cases, the relevant public administration, depending on the circumstances of the accident.

The key issue here is determining the degree of fault of each party in causing the accident. The driver may have exceeded the speed limit, failed to slow down at a pedestrian crossing, run a red light, failed to check for pedestrians while turning, driven onto the sidewalk, been careless while reversing, or failed to exercise due diligence at a school crossing. In these cases, driver fault becomes a factor.

However, pedestrians must also comply with traffic rules. A pedestrian may have crossed at a red light, attempted to cross the road when a pedestrian crossing is very close, suddenly stepped into the road, or driven recklessly under the influence of alcohol. In such cases, the pedestrian's fault is debatable. However, the pedestrian's fault does not automatically eliminate their right to compensation. In cases where the pedestrian is partially at fault, compensation may be reduced according to the degree of fault.

Vehicle Hit at Pedestrian Crossing

One of the most significant types of pedestrian accidents occurs at pedestrian crossings. According to Article 74 of the Highway Traffic Law, drivers approaching pedestrian or school crossings that are not controlled by traffic officers or traffic lights, but are marked with other traffic signs, must slow down their vehicles and give priority to pedestrians crossing or about to cross.

This provision is an important regulation that strengthens the driver's responsibility in accidents occurring at pedestrian crossings. A driver approaching a pedestrian crossing cannot simply brake at the last moment to avoid a collision. Even before approaching the crossing, they must reduce their speed, check their surroundings, and give the pedestrian the right of way.

In accidents occurring at pedestrian crossings, the driver's defense of "I didn't see the pedestrian" is not sufficient on its own. Drivers are expected to be more attentive when approaching a pedestrian crossing. This is especially true at school crossings, around hospitals, in front of bus stops, at shopping mall entrances, in markets, in front of mosques, and in areas with heavy pedestrian traffic, where drivers are expected to be more careful and attentive.

However, it is not accurate to say that the driver is automatically considered 100% at fault in every pedestrian crossing accident. At traffic light intersections, factors such as whether the pedestrian crossed against a red light, whether the crossing was used, visibility, speed, road conditions, camera footage, and witness statements are all evaluated. Nevertheless, a pedestrian crossing provides a strong basis for assessing fault in favor of the pedestrian.

Can a pedestrian receive compensation if they are at fault?

One of the most frequently asked questions regarding pedestrian traffic accidents is: "Can a pedestrian receive compensation if they are at fault?" The answer depends on the degree of fault in the specific case.

If the pedestrian is 100% at fault, meaning there is no fault attributable to the driver or vehicle operator in causing the accident, the compensation claim may be rejected. For example, if the pedestrian suddenly steps in front of the vehicle on the highway at night, the driver does not act in violation of their duty of speed and attention, and it is objectively impossible to prevent the accident, the pedestrian's full fault may be questioned.

However, the right to compensation is not completely eliminated if the pedestrian is partially at fault. In this case, the calculated monetary compensation is reduced according to the pedestrian's degree of fault. For example, if the pedestrian's total damage is calculated as 1,000,000 TL, and the pedestrian is deemed 30% at fault and the driver 70% at fault, the pedestrian can, as a rule, claim 700,000 TL in monetary compensation.

According to Article 52 of the Turkish Code of Obligations, if the injured party has contributed to or increased the damage, the judge may reduce or completely eliminate the compensation. Therefore, the pedestrian's conduct is important in terms of fault and contributory negligence. However, this assessment should not be automatic, but should be made according to the specific characteristics of the accident.

From whom can compensation be claimed in pedestrian accidents?

In pedestrian traffic accidents, compensation claims can be directed at the driver who caused the accident. The driver is liable for the damage if they violated traffic rules, acted contrary to their duty of care and diligence, or failed to adjust their speed according to road and environmental conditions.

In addition, the vehicle operator and owner may also be held liable. According to Article 85 of the Highway Traffic Law, if the operation of a motor vehicle causes death, injury, or damage to property, the operator of the motor vehicle and, if the conditions are met, the owner of the enterprise to which it is affiliated, shall be jointly and severally liable for the resulting damage. The same regulation also states that the operator, driver, or auxiliary persons involved in the use of the vehicle are liable for their own fault as if it were their own fault.

This provision is very important in pedestrian accidents. This is because the vehicle causing the accident could be a company vehicle, service vehicle, taxi, bus, truck, cargo vehicle, municipal vehicle, or a vehicle used within the scope of the employer's activities. In such cases, it may be necessary to pursue not only the driver but also the operator and the owner of the affiliated enterprise.

Compulsory traffic insurance is also an important avenue for claiming compensation for material damages in pedestrian accidents. An injured pedestrian can apply to the compulsory traffic insurance of the at-fault vehicle to have their material damages covered within the policy limits. If the damage exceeds the policy limit, legal action may be taken against the driver and the vehicle owner for the excess amount.

Compensation Claims That Can Be Made in Pedestrian Accidents Resulting in Injury

In pedestrian traffic accidents resulting in injury, the types of financial compensation are extensive. The most important of these are medical expenses. Hospital, surgery, medication, physical therapy, prosthetics, medical supplies, transportation, and caregiver expenses can all be considered within this scope.

In addition, temporary disability compensation can be claimed. If a pedestrian has been unable to work for a certain period due to an accident, they can claim compensation for the lost income during that time. For example, if a worker, tradesperson, courier, teacher, store employee, or self-employed person has been unable to work for months due to an accident, their lost earnings for that period should be calculated.

If there is a permanent disability, compensation for permanent incapacity for work comes into play. Permanent incapacity for work is defined as a permanent decrease in physical capacity after the completion of treatment. Conditions such as restricted walking after a leg fracture, spinal injury, loss of knee or hip movement, loss of arm function, nerve damage, vision loss, permanent facial scarring, or organ loss may be subject to permanent disability assessment.

Article 54 of the Turkish Code of Obligations lists medical expenses, loss of earnings, losses arising from the reduction or loss of working capacity, and losses arising from the disruption of economic future among bodily injuries. Therefore, in pedestrian accidents, not only current medical expenses but also the victim's future working life and economic losses should be included in the compensation calculation.

Permanent Disability Compensation

In pedestrian traffic accidents, one of the highest compensation items is permanent disability compensation. This compensation is claimed because the pedestrian permanently loses or experiences a reduction in their ability to work after the accident.

The calculation takes into account the victim's age, income, occupation, disability rate, degree of fault, and remaining working time. A young victim with a permanent disability may receive higher compensation because the economic consequences will last for many years. Similarly, a leg or spinal injury to someone in physically demanding work can have serious consequences for their career future.

The disability report is crucial at this point. If the report is incorrect, incomplete, or indicates an underestimated disability rate, the compensation may also be calculated incorrectly. Therefore, in pedestrian accidents, the medical board report, forensic medical evaluation, epicrisis records, surgical documents, and physical therapy process should be carefully examined.

Economic future should be considered particularly in accidents involving child pedestrians. The child may not yet be earning an income; however, permanent disability can affect their future career choices, education, and work capacity. Therefore, an approach that says "there is no income, so no compensation applies" in child pedestrian accidents is incorrect.

Temporary Incapacity for Work and Caregiver Expenses

In pedestrian traffic accidents, the victim may have been unable to work during the treatment process. During this period, they may have lost their salary, their job, their ability to conduct business, or their daily earnings. This loss is claimed under the temporary disability compensation scheme.

Caregiver expenses are also a significant cost. If a pedestrian is unable to meet their own needs after an accident, they may require assistance from others for a certain period. This assistance may be provided by a professional caregiver or a family member. The fact that a family member provides unpaid care does not eliminate the need for caregiver expenses in all cases. What matters is that the victim had a need for care.

In addition, expenses such as hospital visits, transportation to physical therapy, caregiver expenses, special diets, medical devices, and home renovation costs may be claimed depending on the specific circumstances of the case. Documenting each expense with invoices, receipts, or statements strengthens the case. However, some mandatory expenses for which no documentation is available can be calculated based on the ordinary course of events and expert assessment.

Right to Non-Pecuniary Damages

In pedestrian traffic accidents, compensation for non-pecuniary damages is claimed due to the pain, fear, trauma, suffering during the treatment process, permanent disability, decrease in quality of life, and psychological effects experienced by the victim. Especially in pedestrian accidents resulting in serious injury, compensation for non-pecuniary damages is extremely important for making the victim's suffering legally visible.

According to Article 56 of the Turkish Code of Obligations, in cases where a person's physical integrity is harmed, the judge may, taking into account the circumstances of the event, order the payment of an appropriate amount of moral compensation to the injured party. In cases of serious bodily harm or death, moral compensation is also possible in favor of the injured party or the relatives of the deceased.

When determining the amount of moral damages, factors such as the circumstances of the accident, the degree of driver fault, the pedestrian's age, the severity of injury, the number of surgeries, the duration of treatment, permanent scarring or disability, changes in the victim's social life, and the economic circumstances of the parties are taken into account. Moral damages are not a means of unjust enrichment; however, they should not be so low as to trivialize the severe trauma suffered by the victim.

For example, a child seriously injured in a car accident on their way home from school, an elderly person hit at a pedestrian crossing, a worker permanently disabled in an accident on their way to work, or a victim injured in a car accident while walking on the sidewalk should strongly claim compensation for non-pecuniary damages.

Compensation Rights in Fatal Pedestrian Accidents

If a pedestrian traffic accident results in death, the deceased's relatives can claim compensation for loss of support and moral damages. Funeral expenses and, if death did not occur immediately, medical expenses are also among the damages that can be claimed.

According to Article 53 of the Turkish Code of Obligations, in the event of death, funeral expenses, medical expenses if death did not occur immediately, damages arising from loss of earning capacity, and losses suffered by those deprived of the deceased's support can be claimed.

Compensation for loss of support aims to compensate for the economic loss suffered by those whom the deceased pedestrian would have supported or would have expected to support in the future. Spouses, children, parents, and other individuals who actually received support in the specific circumstances can claim this compensation.

It is important not to confuse inheritance with the relationship of support. Compensation for loss of support is not an inheritance right. The right arises in the person of the person who lost their support. Therefore, a person who is not an heir can claim compensation if they can prove an actual relationship of support; however, an heir may not be able to receive this compensation if they have not suffered a loss of support.

Compensation for Child Pedestrians in Traffic Accidents

Traffic accidents involving child pedestrians require special attention. Children may not be able to anticipate traffic hazards as well as adults. Therefore, drivers are expected to exercise greater caution around schools, parks, residential areas, school bus routes, pedestrian crossings, and neighborhoods.

When assessing fault in child pedestrian accidents, the child's age, perceptual abilities, the scene of the accident, traffic signs, the driver's speed, environmental conditions, and the preventability of the accident should all be considered together. It is often unfair to hold a young child as culpable as an adult.

If the child is injured, claims can be made for medical expenses, caregiver costs, permanent disability, disruption of economic future, and moral damages. If the child dies, the parents can claim compensation for loss of support and moral damages. The emotional distress suffered by the parents due to the loss of their child must be strongly demonstrated in the compensation claim.

Compensation for Elderly and Disabled Pedestrians in Traffic Accidents

Drivers' responsibilities also become particularly important in traffic accidents involving elderly and disabled pedestrians. Drivers need to be especially careful in situations where crossing the road takes a long time, or where the pedestrian has difficulty walking or is carrying special signs.

The fact that the elderly pedestrian has no income does not mean that no financial compensation is due. Claims can be made for medical expenses, caregiver expenses, transportation costs, increased living expenses due to permanent disability, and compensation for non-pecuniary damages. Furthermore, the elderly person's active employment outside of their pension, household labor, contribution to the family, or need for care may be considered in the specific case.

In the case of disabled pedestrians, it should be investigated whether the existing disability has worsened after the accident, whether a new disability has occurred, and to what extent their daily living independence has been affected. In such cases, a detailed examination of medical reports is necessary.

Application to the Insurance Company

If compensation is to be claimed from compulsory traffic insurance in pedestrian traffic accidents, a written application must first be made to the relevant insurance company. According to the Insurance Arbitration Commission, if the insurance company does not respond to the application within 15 days or if the response does not meet the claim, an application can be made to the Commission.

The application must clearly state the date and location of the accident, license plate information, insurance policy information, the pedestrian's injury status, the items of damage claimed, bank account information, and supporting documents. The application should include accident reports, police or gendarmerie reports, hospital records, medical reports, forensic reports, disability reports, income documents, social security records, witness information, and, if available, CCTV footage.

If the insurance company makes an insufficient payment or fails to pay at all, the injured pedestrian can apply to the Insurance Arbitration Commission or file a lawsuit. Arbitration can be a quick option, especially for claims for monetary damages against the insurance company. However, if there are issues such as moral damages, damages exceeding the insurance limit, claims against the driver and operator, or administrative liability, a court case should be considered separately.

Should the insurance company's initial payment offer be accepted?

In pedestrian accidents, the initial payment made by the insurance company does not always cover the actual damage. Especially in cases involving permanent disability, accepting a payment without determining the disability rate, investigating actual income, and performing actuarial calculations can lead to serious loss of rights.

Sometimes, an insurance company may offer a low payout based solely on the available documentation. However, the pedestrian may be undergoing treatment, may require future surgery, the disability rating may not yet be determined, or the loss of income may have been underestimated. In such cases, an early settlement could lead to the case being closed with a settlement far below the victim's actual losses.

Therefore, before signing documents such as "release agreement," "settlement protocol," "I have no further claims," ​​or "I have received all my rights," the compensation calculation for the case should be completed. In particular, hasty payment should not be accepted in cases involving children, the elderly, severely injured individuals, or pedestrians with permanent disabilities.

Evidence in Pedestrian Accidents

In pedestrian traffic accidents, evidence must be collected quickly. CCTV footage from the scene can be deleted quickly. Witnesses may not be found later. The accident site may change, road markings may be renewed, or traffic signs may be altered. Therefore, collecting evidence immediately after the accident is of paramount importance.

The main evidence includes: accident reports, photos of the scene, camera recordings, CCTV or workplace camera footage, witness statements, ambulance records, hospital documents, medical reports, forensic reports, criminal investigation files, fault reports, expert reports, social security records, income documents, and disability reports.

Pedestrian crossings, traffic lights, road markings, speed limit signs, school zone signs, road lighting, visibility, and weather conditions are also important factors in fault assessment. In particular, determining the driver's speed, the point of impact, and brake marks can directly affect the outcome of the case.

The Impact of a Criminal Case on a Compensation Claim

In pedestrian traffic accidents resulting in injury or death, criminal investigations are often initiated. In criminal cases conducted under the categories of negligent injury or negligent homicide, the fault reports, witness statements, camera recordings, and on-site investigation reports constitute important evidence for compensation claims.

However, the fault report in the criminal case file does not always have to be accepted as definitive. The civil court or the Insurance Arbitration Commission may order a new expert examination within the specific case. If there are deficiencies in the criminal case file, these deficiencies should be requested to be rectified in the pedestrian compensation lawsuit.

Failing to follow up on the criminal case can weaken the compensation process. A criminal investigation is crucial, particularly for requesting camera footage, conducting an on-site investigation, interviewing witnesses, and obtaining an accurate fault report.

Road Defect and Administrative Responsibility

In some pedestrian accidents, not only the driver but also the authorities responsible for the construction, maintenance, or traffic regulation of the road may be at fault. Damaged pavements, missing pedestrian crossings, inadequate lighting, faulty traffic lights, invisible signs, faded road markings, failure to take necessary safety precautions in front of schools, or the lack of overpasses/underpasses may have contributed to the accident.

In such cases, it may be necessary to file a lawsuit against the municipality, the General Directorate of Highways, or the relevant administration for negligence in service. However, the competent court procedures and time limits for lawsuits filed against the administration are different. Therefore, if there is a possibility of road defects in a pedestrian accident, the case should be examined not only from the perspective of the driver and the insurance company, but also from the perspective of administrative responsibility.

Competent and Authorized Court

The competent court for pedestrian traffic accidents may vary depending on the defendants and the type of claim. In cases filed against insurance companies, the Commercial Court of First Instance may be the competent court. In tort-based cases filed against drivers and business owners, the Civil Court of First Instance may be the competent court. If there are multiple defendants, the issue of jurisdiction must be carefully determined.

In terms of jurisdiction, Article 110 of the Highway Traffic Law stipulates that lawsuits concerning legal liability arising from motor vehicle accidents may be filed in the court located where the insurer's headquarters or branch is located, or where the insurance contract was made by the agent, or in the court where the accident occurred.

In addition, general jurisdiction rules in tort law, the place of residence of the injured party, and the place of residence of the defendants can also be evaluated in the specific case. Filing the lawsuit in the correct court prevents the case from being prolonged due to lack of jurisdiction or competence.

Statute of Limitations

The statute of limitations for pedestrian traffic accidents may vary depending on whether the accident resulted in material damage, injury, or death. According to Article 109 of the Highway Traffic Law, claims for compensation for material damages arising from motor vehicle accidents are subject to a two-year statute of limitations from the date the injured party learns of the damage and the liable party, and in any case, ten years from the date of the accident. If the incident stems from an act punishable by law and the penal code prescribes a longer statute of limitations, this longer period also applies to claims for material compensation.

Since pedestrian accidents resulting in injury or death often become the subject of criminal investigations, the statute of limitations must be calculated separately for each case. Missing deadlines can lead to the loss of a legitimate compensation claim. Therefore, evidence should be collected after the accident, an insurance claim should be filed, and the litigation/arbitration process should not be delayed.

Common Mistakes in Pedestrian Traffic Accidents

The most common mistake in pedestrian accidents is accepting the fault percentage stated in the accident report as definitive. However, the report may be inaccurate. The fault percentage can change depending on camera footage, witness statements, expert examination, and criminal records.

The second mistake is assuming the insurance company's initial payout offer represents the actual loss. Especially if disability has occurred, the actual loss is often higher than the initial offer.

The third mistake is neglecting moral damages. In pedestrian accidents resulting in injury or death, moral damages are often one of the most important claims in the case.

The fourth mistake is failing to collect income documents. The economic situation of the victim—whether an employee, tradesperson, retiree, housewife, student, or informal worker—must be thoroughly investigated.

The fifth mistake is failing to follow the criminal case file. The evidence in the criminal case file can directly affect the outcome of the compensation claim.

The sixth mistake is overlooking administrative negligence. If the road, sidewalk, lighting, or traffic system caused the accident, the administration's responsibility should be evaluated separately.

Conclusion

In pedestrian traffic accidents, compensation rights are not limited to hospital expenses. The injured pedestrian can claim compensation for medical expenses, temporary or permanent disability, caregiver expenses, loss of economic future, and moral damages. If the accident results in death, relatives can claim compensation for loss of support, funeral expenses, and moral damages.

Whether the pedestrian is at fault is a determining factor in the right to compensation, but partial fault does not completely eliminate the right to compensation. In this case, the calculated damages are reduced according to the degree of fault. Therefore, the fault report, camera recordings, witness statements, and criminal file should be carefully examined.

For a proper legal strategy in pedestrian accidents, a proper application should be made to the insurance company, caution should be exercised against insufficient payment offers, disability and income calculations should be accurately performed, moral damages should not be forgotten, and if necessary, separate legal avenues should be explored against the driver, the operator, the insurance company, and the relevant authorities.

In conclusion, pedestrian traffic accident victims can claim compensation not only for the immediate effects of the accident but also for the future economic and moral consequences. To avoid losing their rights, it is crucial to gather evidence quickly, complete the insurance application thoroughly, and properly manage the litigation/arbitration process.