Traffic accident

For this case

A traffic accident occurred due to unmarked and uninstalled temporary traffic signals on a roadway that is being reconstructed. Liability of a contractor performing construction work for the reconstruction of a roadway, where due to failure to fulfill the legal obligations with which the contractor is bound according to the legal regulations, as well as according to the tender documentation, it leads to a traffic accident in which the injured party suffered material damage to a passenger motor vehicle due to irregularities on the road and a crushed stone embankment.
AreaCivil law
Time frame2 years
LawyerRenata Varga Miceva

Challenge

The challenge is to introduce a preventive system that will in some way influence legal entities to fulfill their legal obligations, so that in addition to the offense they are charged with and for which they are guilty, liability for damage is a preventive punishment that will contribute to the overall good in society and respect for regulations by all participants in legal transactions, which is why these types of cases are an exceptional challenge.

Our process

1. Case planning

The idea for the procedure itself was initially aimed at determining the responsibility of the contractor, who in this particular case is legally obliged to undertake regulated activities and seek appropriate approvals before commencing the work, precisely because of the fact of preventing harmful consequences for the participants in the work and for third parties.

2. Assessing the situation

First of all, we concluded that the contractor had taken out liability insurance with one of the insurance companies. However, we decided that the claim should be against the informant, and not against the insurance company, due to certain exceptions and not

3. Filing a case in court

After providing the evidence and expert opinions in a short period of time, the lawsuit was filed with the Basic Civil Court in the Court. With the lawsuit, we requested that the injured party be compensated for the material damage.

4. Result

The first-instance procedure ended positively in favor of the injured party, with a realistic amount of compensation for damages. After the defendant filed an appeal, the Court of Appeal rejected it and confirmed the first-instance verdict.