Accidents on icy roads can occur when the authorities responsible for maintaining and clearing the roads used by citizens frequently fail to fulfill their obligations.
Roads open to public use are state property when they are part of the national road network, and municipal property when they are located within populated areas. During the winter season, state and municipal authorities are responsible for maintaining roads in a condition that is safe and suitable for use by citizens. Failure to fulfill this obligation may lead to an accident on an icy road, resulting in both property damage and non-property damage, which should be compensated to the victims.
Cases from practice in which victims sued the Road Infrastructure Agency for an accident on an icy road
While driving on a heavily icy section of an intercity road, a motor vehicle driver lost control of his car, resulting in a traffic accident with an oncoming vehicle. The driver who lost control of his vehicle suffered multiple injuries and fractures, including a head injury, a broken nose, and several broken ribs. Miraculously, the driver of the oncoming vehicle and its passengers were unharmed.
The injured driver filed a lawsuit against the Road Infrastructure Agency for failing to fulfill its obligation to sand/salt the road to prevent ice formation. During the trial, the Road Infrastructure Agency argued that it should not be held responsible for the accident, as it was the driver’s fault for not adjusting his speed to the road and weather conditions.
However, the court does not share this opinion, as the evidence in the case indicates that the section where the accident occurred was heavily snow-covered and icy and that it was precisely the failure to fulfill its obligation to maintain and clear the road that caused the accident. The agency was ordered to pay compensation in the amount of BGN 30,000 to the injured driver.
Who is liable for damages caused by an accident on an icy road?
The answer to this question depends on whether the section where the traffic accident occurred is part of the national road network or is located within a populated area.
The Road Infrastructure Agency is responsible for the roads that are part of the national road network. This is the state body responsible for clearing snow from national roads and gritting or salting them to prevent ice from forming, which could endanger traffic safety and the lives and health of passengers.
With regard to roads located within populated areas, the municipality in whose territory these roads are located is responsible for their cleaning and maintenance.
Failure to fulfill these obligations on the part of the API or the municipalities may lead to an accident on an icy road, resulting in both property damage (e.g., payment for car repairs) and non-property damage (e.g., fear, stress, insomnia, bodily injury, such as broken limbs, including death). All such damages are subject to compensation.
The liability of the Road Infrastructure Agency and municipalities for compensation for damages caused by failure to fulfill their obligations to clean and maintain the road network during the winter season can only be established through legal proceedings. The amount of compensation is determined according to the amount proven by relevant documents, which is claimed as property damage. Non-property damage is awarded on the basis of fairness, with the nature and extent of the non-property damage suffered being taken into account. The rule is that the more severe the damage, the higher the compensation due.
IMPORTANT!!! In the event of an accident on an icy road, a traffic police team must be called to the scene to record the accident. In most cases, police officers will issue the driver with a statement of administrative violation for failing to comply with their obligation to continuously control their vehicle and to take into account the road conditions and potential foreseeable obstacles when choosing their speed. The penalty for this violation is a fine of BGN 20, which will also be subject to reimbursement as property damage.
IMPORTANT!!! In the event of an accident on an icy road, the injured persons traveling in the car should go to the nearest forensic medicine service as soon as possible after the accident to obtain a forensic medical certificate reflecting the traumatic injuries sustained.
IMPORTANT!!! It is possible that some of the passengers in the car may suffer serious injuries or die as a result of an accident on an icy road. In this case, the driver will be charged with causing moderate or serious bodily injury, or death in a traffic accident. In this case, the timely engagement of an experienced criminal lawyer is essential for the proper construction of the defense.
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Silvia Petkova Sole Proprietorship Law Firm has established criminal lawyers with experience in defending clients accused of causing moderate or severe bodily harm or death in traffic accidents.
Silvia Petkova Sole Proprietorship Law Firm has experienced specialists in successfully conducting cases for holding the state and municipalities liable for damages caused to citizens, including those arising from accidents on icy roads. The most interesting cases won by the firm can be found in the “News” section.
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