7 Critical Steps to Know After a Traffic Accident

7 Critical Steps to Know After a Traffic Accident. Traffic accidents are being known as one of life’s unexpected and shocking events. These kinds of events are not only causing physical damages, but are also becoming the start of complex legal processes. When an accident occurs, questions are being formed in minds such as both criminal responsibilities and how pecuniary damages will be redressed. In this article, how the criminal and compensation processes initiated after traffic accidents are working, the critical steps that must be taken and how rights will be protected will be addressed in detail.

The Criminal and Compensation Dimension of Traffic Accidents: Two Different Legal Processes

Traffic accidents are events that are being encountered in daily life and are being evaluated separately from the perspective of both criminal law and compensation law. A traffic accident can lead to the occurrence of both criminal responsibilities and pecuniary and non-pecuniary damages. It is of great importance for the people involved in the accident to understand that these processes run separately and in parallel for the protection of their rights. The criminal process is being aimed at protecting public order, while the compensation process is being aimed at redressing the victim’s damage.

Criminal Process: Punishment on Behalf of the Public

When a person is injured or loses their life as a result of a traffic accident, this situation is being accepted as a crime legally. These types of crimes are generally being evaluated as “causing injury by negligence” or “causing death by negligence” under the Turkish Penal Code (TCK).

• Investigation Stage: When a traffic accident occurs, police or gendarmerie teams are first being sent to the scene. A detailed accident report is being prepared, witness statements are being taken, and evidence is being collected. This report and evidence are being transmitted to the public prosecutor’s office, and an investigation file is being created by the prosecutor’s office. An expert report is being requested to determine the perpetrator’s degree of fault.
• Prosecution Stage: As a result of the investigation, when it is concluded by the prosecutor’s office that sufficient evidence has been found, an indictment is being prepared and a criminal case is being filed. The examination of the defendant’s fault by the court and a penalty being given are taking place at this stage. The amount of the penalty to be given is being changed depending on the seriousness of the crime, the perpetrator’s degree of fault, and other legal factors.

Criminal cases, because of having the nature of a public case, can be initiated ex officio (by itself) by the prosecutor’s office, regardless of a victim’s complaint. However, in some minor injury crimes, the filing of the case can be made dependent on the victim’s complaint.

Compensation Process: Redressing Damages

7 Critical Steps to Know After a Traffic Accident. A compensation lawsuit must be filed for the redressal of pecuniary and non-pecuniary damages that have occurred as a result of a traffic accident. This process is proceeding completely independently of the criminal case.

• Pecuniary Compensation: Pecuniary compensation is covering concrete monetary damages arising from the accident. These damages are including items such as vehicle damage that occurred at the moment of the accident, treatment expenses, hospital and medicine expenses. In addition, income losses that occurred during the decrease in working power or being out of work due to the accident can also be requested within the scope of pecuniary compensation. In fatal accidents, compensation for loss of support is being requested.
• Non-Pecuniary Compensation: Non-pecuniary compensation is being requested for the redressal of non-concrete damages such as pain, sadness, and suffering that the accident created on the victim’s mental health and quality of life. The amount of non-pecuniary compensation is being left to the discretion of the judge, and factors such as the parties’ social and economic status and the seriousness of the incident are being taken into consideration.

Compensation requests are generally being directed to the insurance company first. If a reasonable payment is not being made by the insurance company or the request is being rejected, the way of filing a compensation lawsuit is being followed.

The Connection and Differences of the Two Processes

Although criminal and compensation processes are running independently, the decisions given in the criminal case can affect the compensation lawsuit. Especially the degrees of fault given by the criminal court can be used as evidence in the compensation lawsuit. However, the acquittal of the defendant in the criminal case does not mean that compensation cannot be received in the compensation lawsuit. Because the conditions and evidence sought by criminal law and compensation law are different from each other.

Statute of Limitations

The statute of limitations in compensation lawsuits is being regulated under the Turkish Code of Obligations. As a rule, a statute of limitations of two years has been determined for compensation lawsuits arising from a traffic accident. This period is starting to run from the learning of the damage and the person who caused the damage. A statute of limitations of ten years is being applied in every case.

Legal Support and Professional Help

Traffic accidents are both emotionally devastating and legally complex processes. Legal support being taken from an expert lawyer is of great importance for the protection of rights and the taking of correct steps in these processes. The services of the preparation of petitions, the collection of evidence, the follow-up of the process, and being represented in court are being provided by a lawyer.

After traffic accidents, both criminal and compensation processes are running separately. Each of these processes is containing legal details within itself, and the protection of rights in both processes depends on timely steps being taken and a correct legal roadmap. It must not be forgotten that legal support must be taken for the management of these complex processes and to avoid the loss of rights.