WHO CAN FILE A LAWSUIT FOLLOWING TRAFFIC ACCIDENTS?

Traffic accidents have become a painful reality of our lives. Every person encounters pedestrian or vehicle traffic in their daily life. Every moment we are on the road, we risk causing an accident or becoming a victim of one. Although traffic insurance covers the damages to those we have harmed in accidents we have caused, we may be required to pay amounts exceeding the legally defined limits. Another possibility is that we may have to pay significantly larger amounts of compensation if we are found to be grossly at fault. Even if we are not at fault, if it is determined that we were at fault in causing the accident or increasing the damage resulting from it, we may receive less compensation than we would normally receive. Different outcomes arise from these various combinations of situations. In each traffic accident, the individuals responsible for causing the accident, those liable for negligence, and those liable without fault can vary. First and foremost, it is essential to know that we have the right to material and moral compensation depending on the damages incurred in a traffic accident. These damages are covered by mandatory traffic insurance. The insurance we refer to here is a guarantee used to compensate the victim for their losses if we are found to be at fault in an accident. In traffic accidents where we are found to be at fault, our traffic insurance covers the victim's losses on your behalf, up to a legally determined amount. The right of the victim and their relatives to claim compensation in traffic accidents is a legally recognized right. Depending on whether the traffic accident resulted in injury or death, the victim or their relatives can claim compensation. Firstly, if our vehicle was damaged in the traffic accident, we can claim compensation for this material damage from the other party's insurance company. Secondly, if there is an injury as a result of the traffic accident, we can claim compensation for the income we lost during the period we were unable to work due to the injury, and for the treatment costs due to the injury. It is also possible to claim compensation for the emotional distress and suffering we experienced as a result of the accident. In traffic accidents resulting in injury, only the victim can claim compensation. The victim's relatives cannot claim compensation. However, this is not valid in every case. In accidents resulting in serious bodily injury or organ loss, the relatives of the victim may claim compensation for the grief and sorrow they have experienced. Similarly, in accidents resulting in serious bodily harm or organ loss, the victim themselves may claim material compensation for the loss of earning capacity based on the degree of disability and the cost of treatment, as well as moral compensation for the pain and suffering endured. If death occurs as a result of a traffic accident, different individuals may make different compensation claims. Since the deceased cannot claim compensation in fatal traffic accidents, the relatives of the deceased can claim both material and moral compensation. Before discussing these compensation rights, it is appropriate to clarify the concept of "relative" mentioned above. When we say relatives of the deceased, we should not only think of blood relatives. Because these compensation claims can include not only blood relatives but also individuals who had an emotional relationship with the deceased. The deceased's parents, spouse, children, and siblings can claim compensation, as can their fiancé(e), partner, and friends, who can seek moral compensation for the pain and grief they experienced due to the death. Furthermore, in fatal traffic accidents, the relatives of the deceased can also claim material compensation. They have the right to claim funeral expenses and, if the death occurred after hospital treatment, hospital expenses. It would be incorrect to state definitively how much compensation the victim and their relatives will receive in traffic accidents, as these calculations are made by experts in the field. Calculations take into account the age of the deceased, their contribution to the family economy, and the number of surviving relatives. The economic situation of both the deceased and the accident victim, and the precise determination of the damage suffered, are crucial in calculating compensation. If these factors are not considered, the compensation awarded may be significantly lower than it should be. Additionally, the circumstances of the accident and the degree of fault of the parties involved are also important factors to consider when determining compensation.

FURKAN YILDIRIM