Legal Process and Compensation Rights in Traffic Accidents

Legal Aspects of Traffic Accidents

Traffic accidents are undesirable but frequent events of daily life. These accidents can have a wide range of consequences, ranging from material damage to loss of life. From a legal perspective, traffic accidents bring about a complex process. In this process, the rights, responsibilities and compensation claims of the parties involved in the accident play an important role. The legal aspects of traffic accidents are evaluated within the framework of the Road Traffic Law, the Turkish Code of Obligations and other relevant legislation.

What to do at the time of an accident

When a traffic accident occurs, the first thing to do is to ensure life safety and, if necessary, call for emergency assistance. Then, some steps should be taken to initiate the legal process of the accident. First of all, photographs should be taken of the accident scene and the identity and insurance information of the parties should be obtained. If possible, contact information of eyewitnesses should also be noted. Preparing an accident report is of great importance for the subsequent legal process. If there is a dispute or if there is an injury, the police or gendarmerie should be called and an official report should be made.

Application Process to Insurance Companies

After a traffic accident, the relevant insurance companies should be notified as soon as possible. Compulsory Traffic Insurance covers damages caused to third parties by vehicles involved in an accident. After the accident is reported, the insurance expert makes a damage assessment. The insurance company covers the damage within the policy limits. However, sometimes insurance companies may have disagreements about damage assessment or payment. In this case, it may be necessary to resort to legal remedies.

Material Compensation Rights

Financial compensation in traffic accidents aims to compensate the material damages caused by the accident. These damages include vehicle damage, treatment expenses, loss of income due to incapacity for work and other material losses. In order to claim financial compensation, the existence and amount of damage must be proven. Supporting documents such as accident reports, invoices, income certificates are important for this. In financial compensation cases, fault ratios are also taken into account. The party who is not at fault or who is less at fault in the accident may claim compensation from the other party.

Rights to Moral Compensation

Moral compensation is the compensation for non-pecuniary damages such as pain, suffering and loss of quality of life suffered by a person as a result of a traffic accident. Especially in accidents resulting in injury or death, the accident victim or his/her relatives may claim moral compensation. The purpose of moral compensation is to alleviate the pain and suffering to some extent. The amount of moral compensation is determined by the court according to the characteristics of each case. In this determination, factors such as the severity of the accident, fault ratios and the economic situation of the parties are taken into account.

Determination of Fault and its Importance

Determination of fault in traffic accidents is an important factor determining the course of compensation cases. Fault rates are usually determined in the light of evidence such as accident report, witness statements, camera recordings. In some cases, an expert examination may also be requested by the court. Fault ratios directly affect the amount of compensation to be paid. For example, the party found to be 100% at fault in the accident may be liable to compensate the other party for all damages. There is also the right to object to the determination of fault.

The Process of Filing a Lawsuit and Things to Consider

In order to file a lawsuit for compensation after a traffic accident, the statute of limitations must first be observed. In general, a 2-year statute of limitations applies to compensation lawsuits arising from traffic accidents. However, if there has been a criminal investigation or prosecution, this period can be extended up to 8 years. Before filing a lawsuit, it is important to gather all the evidence and consult a lawyer. In the lawsuit petition, the amount of compensation requested and the grounds should be clearly stated.

Settlement and Alternative Remedies

There are also out-of-court remedies for compensation claims following a traffic accident. Alternative dispute resolution methods such as direct negotiation between the parties or mediation can be used. These methods may be preferred as they are generally faster and less costly. In disputes with insurance companies in particular, recourse to the Insurance Arbitration Commission is also an option. Settlement through conciliation is also advantageous in terms of preserving the relationship between the parties.

Criminal Liability and Due Process

Criminal liability may also arise in traffic accidents, depending on the nature of the incident. Especially in accidents resulting in death or injury, the crimes of “negligent injury” or “negligent manslaughter” may come to the fore. In this case, an investigation is initiated by the prosecutor’s office. If a lawsuit is filed as a result of the investigation, the trial process begins in the criminal court. The outcome of the criminal case may also affect civil proceedings. However, the decision of the criminal court does not fully bind the civil court.

Insurance and Compensation Payments

Compensation payments after a traffic accident are usually made by insurance companies. Compulsory Traffic Insurance covers damages to third parties within certain limits. However, additional compensation can be requested for damages above these limits. Comprehensive insurance, on the other hand, covers the insured vehicle’s own damages. Insurance companies usually conduct a detailed investigation before making a payment. If the amount of the payment is disputed, a judicial action may be taken.

Effective Management of the Legal Process

The legal process and compensation rights in traffic accidents are complex and require attention. For the effective management of this process, it is important to take the right steps from the moment of the accident. Gathering evidence, making timely notifications and seeking expert legal assistance when necessary are critical to prevent loss of rights. In addition, considering alternative remedies can help the process to be concluded faster and less costly. Ensuring that victims of traffic accidents know their rights and take the necessary steps to protect these rights will ensure that they receive fair compensation.