What is Fault in a Traffic Accident?
Fault in traffic accidents means determining the person or persons who are directly or indirectly responsible for the accident. The determination of fault is made by evaluating all the conditions of the accident and usually as a result of an expert examination.
Criteria Used in Determining Fault in Traffic Accidents
Speed: Exceeding the speed limit or driving at a speed that is not suitable for road conditions is one of the most common causes of accidents.
Alcohol or Drug Use: Driving under the influence of alcohol or drugs distracts the driver and increases the risk of accidents by increasing the reaction time.
Inattention: Careless behaviors such as using a mobile phone, not yielding, and passing red lights can also cause accidents.
Technical Malfunction: In accidents that occur due to a technical malfunction of the vehicle, failure to take the vehicle into maintenance or not fixing the malfunction in a timely manner can be considered as the fault of the driver.
Road Condition: Adverse weather conditions such as icing, snowfall or the road being damaged can also be considered among the causes of accidents. However, even in this case, the driver has the obligation to drive in accordance with the road conditions.
Penal Consequences of Fault in Traffic Accidents
A driver found at fault in traffic accidents can be punished for various crimes under the relevant articles of the Turkish Penal Code. These crimes include;
Causing death by negligence: If a person dies in the accident,
Injury by negligence: If a person is injured in the accident,
Damaging property: If material damage occurs in the accident,
Fugitive: Fleeing the scene after the accident.
Legal Consequences of Fault in Traffic Accidents
The person found at fault in a traffic accident must pay compensation to the person who suffered the damage. Compensation is examined under two headings: material damage (vehicle repair, treatment expenses, etc.) and moral damage (suffering, incapacity, etc.).
Traffic Insurance and Fault
Compulsory traffic insurance covers material damages incurred in traffic accidents. However, it may be necessary to file a lawsuit separately for moral damages and compensation amounts to be deducted according to the degree of fault.
