Introduction

This article provides a comprehensive guide to legal procedures and compensation claims arising from traffic accidents in Turkey. It covers the rights of victims, the compensation process, and civil law procedures in accordance with Turkish law.

Traffic Accidents in Turkey: Statistics and Causes

Official statistics indicate that traffic accidents in Turkey result in:

• 5,000 deaths annually
• Over 100,000 injuries each year
• An estimated 10,000 additional deaths that are not officially recorded

Human-related factors account for 94% of all traffic accidents, broken down as follows:

• 27% due to driver errors
• 1% due to passenger errors
• 6% caused by non-human factors:
  • 5% due to vehicle malfunctions
  • 1% due to road conditions

With the increasing number of vehicles, traffic accidents and their associated financial damages have also risen. Over the past 20 years, the material damage caused by traffic accidents in Turkey has reached approximately $2.3 billion USD.

Who Can File a Compensation Claim?

Victims of traffic accidents or their legal heirs can claim material and moral damages under Turkish law. The right to compensation depends on whether the victim survives the accident or not:

1. If the Victim Survives

The injured party can file a compensation lawsuit based on Articles 41, 45, and 47 of the Turkish Code of Obligations.

2. If the Accident Results in Death

Individuals financially or emotionally affected by the victim’s death can seek compensation, including:

• Spouse
• Children
• Parents
• Siblings
• Fiancé(e)
• Dependents of the victim

If the deceased had already filed a compensation lawsuit before passing away, their legal heirs have the right to continue the case.

Who Can Be Sued for Compensation in a Traffic Accident?

Compensation claims can be made against:

1. The at-fault driver
2. The vehicle owner
3. The insurance company

Given that compensation amounts can be significant, lawsuits are typically filed against the insurer, as required by Article 97 of the Turkish Highway Law, which states:

“A victim can directly claim compensation from the insurer through a lawsuit within the coverage limits of compulsory liability insurance.”

If both motor insurance and traffic insurance exist, the lawsuit must be filed against both insurance companies.

What Happens If the At-Fault Driver Has No Insurance?

Under Article 85 of the Turkish Highway Traffic Law, every vehicle must have compulsory automobile liability insurance. However, many uninsured vehicles still operate on the roads.

To address this issue, Turkish law has established a trust fund to compensate victims in cases where the at-fault driver lacks mandatory traffic insurance.

What Are the Statute of Limitations for Traffic Accident Claims?

The time limits for filing a compensation lawsuit vary:

• 1 year from the date the victim becomes aware of the damage and the responsible party
• 2 years if the claim is filed against an insurance company
• 10 years as the absolute maximum period for filing a lawsuit

If the traffic accident also constitutes a criminal offense, the statute of limitations is extended in accordance with Turkish Penal Law, making the longer limitation period applicable.

Can a Driver or Passenger File a Lawsuit for Compensation?

1. Passenger Rights

Passengers have the right to file a compensation claim against:

• The driver of the vehicle
• The vehicle owner

However, emotional or family reasons often discourage passengers from suing the driver. In such cases, compensation claims can be directed at the insurance company instead.

2. Drivers Seeking Compensation

The at-fault driver cannot file a claim against their own compulsory traffic insurance. However, if they have voluntary car insurance (casco insurance), they can seek compensation from their own insurance provider.

If the accident results in the death of passengers or the driver, their legal heirs have the right to file a compensation claim.

How Do Turkish Courts Determine Compensation Amounts?

Turkish courts consider various factors when determining material and moral compensation in traffic accident cases:

1. In Case of Death

The victim’s heirs can claim compensation for:

• Loss of financial support
• Funeral and burial expenses
• Moral damages (e.g., emotional distress, grief)

2. In Case of Injury

Victims can claim compensation for:

• Medical expenses
• Loss of income due to injury
• Temporary or permanent disability
• Pain and suffering

3. In Case of Disability

If an accident causes permanent disability, the victim can claim compensation based on:

• Severity of disability
• Loss of earning capacity
• Impact on quality of life

4. Property Damage Claims

Victims can also seek compensation for:

• Vehicle repair or replacement costs
• Damage to personal belongings

Economic Factors in Compensation Claims

The financial situation of the claimant affects the amount of compensation awarded. If damages cannot be adequately proven, courts may award only minimum wage-based compensation.

Since moral damages are subjective, courts require strong evidence to justify high compensation amounts. For this reason, legal assistance is crucial to ensure proper documentation and maximize compensation.

Conclusion

Traffic accidents in Turkey result in significant material and moral damages, and victims or their families have the right to seek compensation under Turkish law. Given the complex legal procedures involved, consulting an experienced traffic accident lawyer can help ensure that victims receive the maximum compensation available under the law.

For more information on compensation claims and legal procedures, feel free to contact our law office.