Unauthorized U-turn VS Speeding and no license

How is compensation determined when both drivers are at fault for the accident (co-inflicted injury)?

The analysis of the topic of co-causation In this case, it will be made through a court decision, which quite reasonably explains why when two drivers violate traffic rules, both are equally responsible for the accident.

The facts:

The victim of a traffic accident (traffic accident) was driving a Honda motorcycle. His speed at that moment has not been objectively established in the case, but according to the expert, it was no lower than 50 km/h.

The driver of the Volkswagen passenger car at that moment was undertaking a „U-turn“ maneuver. He entered the motorcycle’s lane, where their trajectories intersected and thus a collision occurred – in the motorcycle’s lane (the left lane). In practice, before the accident occurred, the motorcycle and the car were moving in the same direction, but in different lanes – the motorcycle in the left, and the car in the right.

The injuries

The multiple soft tissue injuries suffered by the motorcyclist in the accident in question caused the victim a temporary health disorder, not life-threatening. They completely resolved within 2 weeks. His concussion was healed within 3-5 weeks.

The victim has proven his injuries through a hospital medical report, a forensic medical certificate, and a comprehensive forensic medical examination of the case.

Liability of the car insurer

The injured motorcyclist's claim is based on the insurer's obligation to cover the damages that were caused by the insured driver of the vehicle by paying compensation on his behalf.

The main dispute between the parties to the case is about the mechanism of the accident and the extent to which the behavior of the drivers involved in the incident complies with the law. The court has carefully analyzed all the evidence collected during the trial.

Violation of the rules by the motorcyclist

The court found that the motorcyclist violated traffic rules by:

• due to inappropriate speed, he hit a car that was stopped while waiting to make a U-turn maneuver;
• did not possess a driver's license for the category to which the motor vehicle he was driving belongs;
• entered and was permanently moving in the far left lane, on a road with two/three separate lanes of traffic.

The motorcycle driver had a factual visibility towards the car preparing to make a maneuver – from a considerable distance, approximately 200 meters. Assessing the car as a foreseeable potential obstacle, he was able to slow down and even stop in the event of a sudden danger.

Violation of the rules by a passenger car:

The driver of the car also committed a gross violation of traffic rules because he attempted to make a turn in the opposite direction. In this case, he should have also let pass vehicles moving on his left side – which was the motorcycle in the specific situation on the road.

Savina:

„"The two participants in the traffic accident have a completely equal contribution to the occurrence of the damage and the causal relationship between the behavior of each of them and the occurrence of the harmful result is in the ratio of 50:50."“

In conclusion, the court accepted.

This court's conclusion also affected the final amount of insurance compensation that the motorcyclist is entitled to receive.

Equitable compensation

For the claimed non-pecuniary damages, the compensation shall be determined by the court in equity, in accordance with the applicable provision of Article 52 from Obligations and Contracts Act (Civil Code). In order to assess the fair amount of compensation, the court took into account:

• the age and social activity of the victim,
• the nature and character of the pain and suffering experienced,
• the negative emotions experienced,
• the types and severity of injuries,
• the socio-economic conditions in the country, determining the criterion for living standards;

Having determined the final compensation at 14,000 leva, he then reduced it to 7,000 leva due to complicity in a 50/50 ratio.

If you have been injured in a similar situation, we can help you by:

1. We are trying to voluntary dispute settlement – we hold a meeting with the insurer (if any) and/or the responsible person, where we try to negotiate the best terms for you. After your approval of the parameters of this agreement, we can proceed to its signing.

2. We are filing a civil lawsuit., to claim the compensation due to you for material and/or non-material damages. In addition to not owing us any fee in advance, we will also do everything possible to exempt you from paying any fees and expenses to the court, if the prerequisites for this, provided for by law, are present.

3. If there is a formation criminal case in relation to the tort, we can also represent you in it. In this case, we can bring the claims that would otherwise be the subject of the filed civil case, referred to above in item 2.

4. In the event of a successful outcome of the case(s), we file a lawsuit and we represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.