The issue of liability for a traffic accident is often more complex than it may seem at first glance. It is only in exceptional cases that one party bears full responsibility for an accident. In practice, courts frequently conclude that the conduct of both drivers contributed to the accident. In such situations, it is crucial to correctly assess the degree of fault and any contributory negligence on the part of the injured party, as these factors directly affect the amount of compensation for damages.

How Liability for a Traffic Accident Is Assessed

Liability for damage arising from a traffic accident is not assessed mechanically based on the number of breached road traffic rules. Courts examine primarily what significance the specific misconduct of each participant had for the occurrence of the accident and its consequences.

Example from Practice: Speeding and Dangerous Overtaking

The Supreme Court dealt with a case involving a collision of two vehicles on a motorway. The BMW driver was travelling in the left lane at approximately 173 km/h. In the right lane, a Ford was driving behind a tanker truck. The Ford driver suddenly decided to overtake the tanker truck – without using the turn signal, without checking the situation behind, and after moving into the left lane additionally slowed down. A collision between the two vehicles occurred.

Both drivers were found guilty in administrative offence proceedings. The BMW driver breached road traffic rules by significantly exceeding the permitted speed limit, while the Ford driver breached three obligations related to overtaking.

The lower courts assessed the situation such that the greater part of liability lay with the Ford driver and divided liability in the ratio of one quarter to three quarters. The Supreme Court, however, described this conclusion as incorrect.

The Number of Rule Breaches Is Not Decisive

The Supreme Court emphasized that it is not possible to automatically proceed from the number of breached obligations. Even a single breach may have a more fundamental significance for the occurrence of an accident than several mistakes on the other side.

Expert opinions in the case proved that if the BMW driver had been travelling at the maximum permitted speed of 130 km/h, he would have been able to avoid the collision – even despite the incorrect conduct of the Ford driver. This means that the BMW’s speed had a substantial influence on the occurrence of the accident.

The Principle of Limited Reliance in Road Traffic

An important role in the assessment of liability was also played by the principle of limited reliance in road traffic. A driver may reasonably rely on other drivers complying with the rules only if the specific circumstances of the situation do not indicate otherwise.

A driver who is travelling significantly above the permitted speed limit must anticipate that other drivers may begin to overtake or may incorrectly estimate the rapidly decreasing distance between vehicles. Speed therefore affects not only safety, but also the scope of legal liability for a traffic accident.

Contributory Negligence of the Injured Party and Reduction of Compensation

If the occurrence of damage was also contributed to by the conduct of the injured party, the concept of contributory negligence of the injured party applies. Under the Civil Code, compensation for damage is in such a case reduced proportionally. A reduction will not occur only if the share of one of the parties in the occurrence of the damage is entirely negligible.

In a collision of motor vehicles, the liability of the operators is assessed according to their participation in causing the damage. Courts must evaluate all relevant circumstances in their mutual context, not in isolation.

What to do After a Traffic Accident From a Legal Perspective

A participant in a traffic accident should know that:

• even an obvious mistake by the other driver does not guarantee full compensation for damage,
• one’s own conduct is always assessed and may lead to a reduction of compensation,
• the outcome of a dispute often depends on high-quality expert opinions and legal argumentation.

How a Lawyer Can Help you After a Traffic Accident

If you have been involved in a traffic accident and are dealing with liability for a traffic accident, compensation for damage, or a reduction of payment by the insurer, it is advisable to consult a specialist.

Our law firm will help you assess the degree of fault, defend against an unjustified reduction of compensation for damage, and effectively enforce your claims.

We wish you safe travels and accident-free returns home.