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Damage compensation in case of accident

How damage is calculated in case of an accident. Damage compensation in case of accident

It is no secret to anyone how often accidents occur and emergencies involving vehicles (accidents) occur, resulting in property and physical damage. Below we consider what are the general rules for compensation for damage caused by the occurrence of an accident (health or property from your future legal opponent).

The definition of damage in road accident

The general basis of compensation is not tricky. As in criminal law, responsibility arises if there is a crime in the actions of the person responsible for the accident, and in civil law, responsibility also arises if there is a composition, but already a civil law offense.

As the corpus delicti, the corpus delicti must contain a number of mandatory elements (the absence of one of which excludes liability):

  • • The fact of the actual injury.
  • • It is caused by a wrongful act.
  • • There is a causal link between the act and the damage caused.
  • • There is the culprit’s fault, in our case of the person who caused the accident.

The wrongful act is a certain behavior, which the perpetrator violates the legal rights of others. In other words, this behavior is prohibited by law. It can manifest itself in an active form (action), when the culprit of the accident does not refrain from certain actions, while he must abstain, and passive (inaction), when he does not perform certain actions, at the time when the law obliges him to do so.

A causal relationship occurs when the wrongful conduct of the perpetrator (the culprit of the accident) is the immediate cause of the harm. In other words, the action is the cause, and the damage is the effect. If a certain act had not been committed, there would have been no damage. It is clear that in time the deed must precede the onset of harm.

Guilt - the intrinsic attitude of the offender to both his actions and their consequences. It is customary to divide into: intent (direct and indirect) and carelessness (simple and rough).

Usually, a person is relieved from liability for damages in case of an accident, if he can prove his innocence. At the same time, the legislator establishes a number of cases, the so-called liability regardless of guilt.

If we consider the presence of such a composition in relation to the accident in which the pedestrian suffered, then the following must necessarily occur:

  • • driver’s violation of traffic rules (wrongful act);
  • • injuries to the victim or damage to his car (actual damage);
  • • the breach should be the direct cause of such injuries or damage (causality).

As already mentioned, the obligation to pay compensation for this damage lies with the perpetrator - the owner of the car regardless of his fault.

Help:

According to the established practice, practically any vehicle is recognized as a source of increased danger, with the exception, for example, of bicycles, horse-drawn transport, etc.

The current edition of the law also includes activities related to the maintenance of, for example, wild animals and fighting dog breeds.

Damage compensation in case of an accident with the perpetrator. Owner or culprit of which of them should reimburse?

The responsibility for damages in case of an accident falls on the owner of the car. It means a person who exploits this object by virtue of property rights, full economic management, operational management, or for other reasons (lease agreement, power of attorney, etc.). In other words, it is a person with certain powers. And if the ownership includes three powers:

  • • possession (actual possession),
  • • use (extract certain benefits, benefits)
  • • disposition (determining the legal fate of a thing),

then, to recognize a person as the owner of such a source, it is sufficient to have only the right of ownership and use. The right of disposition may take place with some restrictions, and may even be absent altogether. As a rule, the considered powers should be recorded in a specific document, for example, in a contract.

Some questions may also arise when transferring a vehicle from one person to another. For example, if a car is leased (without an operator), the tenant is the owner. Landlord is not responsible for any possible consequences caused by this car. If the specified object is transferred together with the driver, then regardless of the name of the contract, in reality there is already a contract for the performance of work (contract). In this case, the person who transferred the car is still its owner.

It is important that the owner of such a source is not the owner of the vehicle and the owner of the vehicle (driver, driver, operator) cannot be held liable for causing harm.

Somehow unfair, you say. After all, the driver is actually to blame. And the company will deal with it separately, in recourse.

The owner of this source can be released from liability only in two cases: if it proves that the harm was the result of force majeure or the intent of the victim.

And what if the car belongs to a company, but was hijacked by a criminal who drove him into a jewelry shop window? Owner of the company and she is responsible? Who will bear the burden of reparation for such a specific accident?

No, the hijacker will respond, as the source owner would answer, except for one “but”.

If the driver forgot the keys in the ignition and did not close the car, for example, then compensation for damage in such a crash shop falls on the shoulders of not only the hijacker but also the company in various parts. But the size of these shares (50/50 or 70/30) is determined through the court, taking into account all the materials of the case and the degree of guilt established by him.

Next, the company will separately deal with the driver.

And what if there was a crash and two cars collided, both are to blame, you ask?

Will reimburse each other in the appropriate share through the court, depending on all the circumstances of the incident.

An example from life. The truck driver of the company spoke on a mobile phone and did not notice the open drain of the sewage system. I drove into it by wheel, the car lost control and drove into the oncoming lane. In the oncoming lane, the driver was driving overspeed in his personal car and was also on the phone. He did not notice the interference on the road, and did not even slow down. As a result of the accident, the second driver died.

The first violated traffic police twice (talking on the phone, did not go around the obstacle), and the second three times (talking on the phone, speeding, did not slow down).

It is clear that the fault of the first driver for the damage caused to the property and life of the second victim should be taken into account taking into account the degree of guilt of the deceased, and the damage compensation and its size is determined by the court and should be reduced accordingly.

Summarizing the above, it becomes clear that there are a lot of situations on the roads and in life, and damages for accidents with the perpetrator is not such an easy task as it may seem at first glance, therefore, in each case, the task is to recover damages from the perpetrator through the court, you need an individual approach with a detailed study of all the circumstances of the incident

In order not to miss all the details and to achieve justice in court in such sometimes difficult cases, we recommend to contact the lawyers on the accident. Our experts will accompany you at all stages of the trial in order to help you fully recover the damage from the perpetrator of the accident in court.


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