Understanding the Basis for Deciding Compensation in Traffic Accidents: A Closer Look at Legal Liability and Damages in Turkey

In the realm of traffic accidents, ascertaining compensation involves a detailed analysis of legal liability within the Turkish legal framework. This article delves into the principles and factors that determine the level of compensation for victims of traffic accidents.

Legal Liability: The Role of the Strict Liability Doctrine

The Turkish legal system incorporates a strict liability regime for damage or injury caused by motor vehicles. This concept is clearly articulated in Article 85 of the Highway Traffic Law (Law No: 2918). The strict liability doctrine mandates that the person or entity responsible for a motor vehicle is liable for harm caused, regardless of fault or negligence. This means that regardless of whether the accident was caused by the owner or user, legal responsibility extends to both parties.

The strict liability regime serves to simplify the process of liability attribution, making it clear that the owner and user of a motor vehicle are collectively responsible for any damage caused while the vehicle is in operation. This ensures that victims of traffic accidents are adequately compensated, even if the specific fault cannot be definitively determined.

Factors Influencing Compensation

When determining compensation for a traffic accident victim, several critical factors must be taken into account. These factors are designed to reflect the true nature and impact of the accident, ensuring that victims receive appropriate compensation for their losses.

Effect on Quality of Life

The impact of the accident on the victim's quality of life is a crucial factor. This includes not only the physical injuries sustained but also the psychological and emotional toll. Factors such as pain and suffering, physical limitations, and the loss of ability to engage in activities that were previously enjoyed are considered.

Medical Expenses and Future Medical Care

The financial burden of medical expenses is a significant consideration. This includes immediate treatment and future medical care, as well as any ongoing therapy needed post-accident. Ensuring that the victim receives the necessary medical attention and support is paramount, and these costs are factored into the compensation.

Lost Earnings and Future Lost Earnings

The economic impact of the accident, particularly in terms of lost earnings and future lost earnings, is another key factor. This includes both past and projected earnings over the long term. Compensation aims to mitigate the financial losses incurred due to the inability to work or reduced earning capacity.

Impact on Future Work Capacity

The accident may also affect the victim's ability to perform work in the future. Factors such as the nature and extent of the injuries, the potential for full recovery, and the likelihood of long-term impairment are taken into account. Assessing these factors helps to establish the extent of future lost earnings and potential career impacts.

Time Lost Due to Treatment

The time lost due to treatment and rehabilitation is another important consideration. This includes the time taken to recover physically and the time off work, which can impact both the victim's financial well-being and their ability to function in daily life. These factors are quantified to determine the appropriate level of compensation.

Conclusion

In conclusion, the basis for deciding compensation in traffic accidents in Turkey is a multifaceted process that involves a detailed analysis of legal liability and the impact of the accident on the victim. Clear and fair compensation ensures that victims receive the support they need to recover physically, emotionally, and financially. Compliance with strict liability principles helps to streamline the process and ensure that victims are properly compensated.

Understanding these principles can be crucial in navigating the complexities of legal claims following a traffic accident. Seeking legal counsel is often advisable to ensure that all relevant factors are considered and that the victim receives the maximum possible compensation.

Tim Akpinar, Attorney at Law, New York City