HW Legal
The question of liability for a traffic accident tends to be more complicated than it first appears. Only rarely does one road user bear all the blame. In practice it often turns out that the conduct of both drivers contributed to the accident. It is precisely in such situations that correctly assessing the apportionment of fault, and any contributory fault on the injured party's side, is crucial, because these factors directly affect the amount of compensation.
How liability for a traffic accident is assessed
Liability for the damage caused in a traffic accident is not assessed mechanically by the number of road traffic rules that were broken. The courts look above all at how significant each party's particular error was for the accident happening and for its consequences.
An example from practice: speed and dangerous overtaking
The Supreme Court dealt with a case involving a collision between two vehicles on a motorway. The driver of a BMW was travelling in the left-hand lane at around 173 km/h. In the right-hand lane, a Ford was driving behind a tanker. The driver of the Ford suddenly decided to overtake the tanker, without using their indicator, without checking what was behind them, and, after moving into the left-hand lane, they also slowed down. The two vehicles collided.
Both drivers were found guilty in offence proceedings. The BMW driver broke the road traffic rules by significantly exceeding the speed limit, while the Ford driver breached three duties connected with overtaking.
The lower courts assessed the situation as putting the greater part of the liability on the Ford driver and apportioned liability in a ratio of one quarter to three quarters. The Supreme Court, however, found this conclusion to be wrong.
The number of rule breaches is not decisive
The Supreme Court stressed that you cannot automatically go by the number of duties breached. Even a single breach can be more significant for an accident happening than several errors by the other party.
The expert reports in this case showed that if the BMW driver had been travelling at the maximum permitted speed of 130 km/h, they would have been able to avoid the collision, even given the Ford driver's faulty conduct. This means that the BMW's speed had a substantial effect on the accident happening.
The principle of limited trust in road traffic
The principle of limited trust in road traffic also played a significant role in assessing liability. A driver can reasonably rely on other road users keeping to the rules only where the particular situation does not suggest otherwise.
A driver travelling significantly over the speed limit has to anticipate that other drivers may start to overtake, or may misjudge a rapidly closing distance. Speed therefore affects not only safety but also the extent of legal liability for a traffic accident.
The injured party's contributory fault and the reduction of compensation
If the injured party's conduct also contributed to the damage, the concept of contributory fault comes into play. Under the Civil Code, in such a case the compensation is reduced proportionately. The reduction will not happen only where one party's share in causing the damage is entirely negligible.
Where motor vehicles collide, the liability of their operators is assessed according to their part in causing the damage. The courts have to weigh up all the relevant circumstances in relation to one another, not in isolation.
What to do after a traffic accident, from a legal point of view
Anyone involved in a traffic accident should know that:
- even an obvious error by the other driver does not guarantee full compensation;
- their own conduct is always assessed and can lead to the compensation being reduced;
- the outcome of the dispute often depends on good expert reports and legal argument.
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 it, compensation, or a reduction of the insurer's payout, it is a good idea to turn to a specialist.
Our law firm will help you assess the degree of fault, defend yourself against an unreasonable reduction in compensation, and make your claims effectively.
We wish you safe journeys, and accident-free trips home.