Traffic accidents involving motorcyclists and cars are extremely common. In many cases, the motorcyclist is either seriously injured or killed, while the driver of the car is either unharmed or suffers only minor injuries. Even more common is the scenario in which the motorcyclist himself has contributed significantly to the accident by violating traffic rules. It is in these cases that contributory negligence is considered to exist.
In such a situation, a particularly important question arises: is the driver of the car liable for the accident with the motorcyclist when the motorcyclist himself has violated the traffic rules?
You can hear a detailed commentary on the topic by attorney Dr. Silvia Petkova on the program “Your Day” on NovaNews, available at the link “Prevention, heavy fines, or stricter laws will stop the war on the roads”.
Contributory negligence in a traffic accident involving a motorcyclist
Contributory negligence is a set of actions or omissions on the part of the victim of a traffic accident that are causally related to the injury, including death or bodily harm. In Bulgarian criminal law, contributory negligence does not exclude the perpetrator’s guilt, but may lead to a reduction in their liability.
Theoretically, contributory negligence of traffic accident with motorcyclist is present, when injured motorcyclist:
- has violated the rules for traffic on roads;
- his behavior contributed to the occurrence of the traffic accident;
- his violation was objectively significant for the development of the accident.
Examples of contributory negligence in traffic accidents involving motorcyclists
- the motorcyclist was speeding;
- the motorcyclist was traveling in the opposite lane or between two lanes traveling in the same direction;
- the motorcyclist ran a red light at the traffic lights;
- the motorcyclist has made an incorrect maneuver, such as cutting off the driver of the car or overtaking incorrectly;
- The motorcyclist was weaving between a line of cars in an attempt to avoid traffic congestion, etc.
Is the driver of the car criminally liable in the event of a traffic accident involving a motorcyclist?
Depending on the circumstances of each specific case, the driver of the car may be charged with causing a traffic accident involving a motorcyclist through negligence. The criminal liability of the surviving driver depends mainly on whether he or she also violated traffic rules.
IMPORTANT! Usually, when a traffic accident occurs, it is assumed that at least one of the drivers of the vehicles involved has violated the traffic rules. This is because drivers have two main legal obligations:
- to continuously control the vehicles they drive;
- choose their speed so that they are able to stop before any foreseeable obstacle.
In the process of proving which driver is at fault for a traffic accident involving a motorcyclist, it may be disputed whether, in the specific case, the motorcyclist constituted a “foreseeable obstacle.” This assessment depends on the type and intensity of the motorcyclist’s violation of traffic rules.
Thus, for example, if the motorcyclist was traveling along the center line between two lanes with the same direction of travel and the traffic accident occurred during a maneuver by the driver of a passenger car, the question may arise whether a motor vehicle traveling between lanes should be considered a foreseeable obstacle. If it is established that the specific violation committed by the motorcyclist led to the obstacle being unforeseeable, the driver of the passenger car will not bear any criminal liability. In this case, there is a so-called “accidental act.”
IMPORTANT! Criminal liability on the part of the driver of the passenger car may not be incurred if it is proven that the accident involving the motorcyclist was mainly caused by the victim due to a significant violation of traffic rules. In this case, the violation on the part of the driver of the passenger car should be insignificant. The assessment is made in view of the specific circumstances of the traffic accident involving the motorcyclist.
What is the type and extent of criminal liability for the surviving driver in a traffic accident involving a motorcyclist?
Liability in the absence of additional violations by the driver of the passenger car
If it is established that the driver of the passenger car has only violated his obligation to continuously control the vehicle he is driving and/or has not been driving at a speed that would allow him to stop in the event of a foreseeable obstacle, the law provides for a penalty of imprisonment for a term of three to eight years and the revocation of the driver’s license for a period determined by the court. This penalty is provided for if the motorcyclist has died.
The punishment is five to twelve years’ imprisonment if the case is particularly serious. This assessment is again made in view of the circumstances of the specific case.
In such cases, the vehicle is not subject to mandatory confiscation. The assessment of this belongs to the court and is individual according to the circumstances of the specific case.
Depending on the type and intensity of the violation committed by the motorcyclist, contributory negligence is taken into account as a mitigating circumstance for the driver of the passenger car. In this case, a lighter prison sentence is imposed, including a sentence below the minimum of three years.
In the event of contributory negligence on the part of the motorcyclist in a traffic accident, the amount of compensation that the driver of the car will have to pay to the victim, or if the victim has died, to his or her relatives, will be reduced.
When the driver of the passenger car has no previous convictions and the court imposes a prison sentence of up to three years, the sentence will be suspended with a probation period of 3 to 5 years. If the driver of the car is currently on probation, there is a possibility that they will not serve the suspended sentence or will serve only part of it for the traffic accident involving the motorcyclist. The decision is again up to the court and is based on the circumstances of the specific case. In this case, however, a suspended sentence for the accident with the motorcyclist will not be possible, and if the driver of the car is found guilty, the sentence imposed will have to be served effectively.
If the motorcyclist survived but suffered serious injuries, the penalty provided for in the law for the driver of the car is imprisonment of up to four years for grievous bodily harm and up to three years or probation for moderate bodily harm.
Responsibility in the event of the existence of additional violations on the part of the party a2> presence of additional violations by the driver of the light motor vehicle
The hypotheses of additional violations are as follows:
- the driver of the passenger car was intoxicated or had used narcotic substances. With regard to the use of narcotic substances, the time of use and the possible effect of the narcotic substance should be taken into account;
- The driver of the light car refuses without medical reasons to a8> be tested for use of alcohol or narcotic substances;
- more than one person was injured in the traffic accident involving a motorcyclist;
- The driver of the light vehicle fled the scene of the accident.
- The driver of the light vehicle did not have the necessary legal capacity, when such a license is required by law;
- the driver of the passenger car exceeded the speed limit in a built-up area by more than 50 km/h;
- The driver of the light vehicle drove through a red light at the traffic lights.
If the motorcyclist has suffered serious or moderate bodily injury, the punishment is imprisonment for one to six years, and in particularly serious cases, two to ten years.
If the death of the motorcyclist has occurred, the punishment shall be imprisonment for a term of five to fifteen years, and in particularly serious cases – from ten to twenty years.
Conclusion
Road traffic accidents resulting in death and injury are tragic events with serious legal and moral consequences. Contributory negligence on the part of the victim does not generally exempt the driver from liability, but it can significantly affect the type and severity of the penalty. The courts carefully assess all facts and circumstances, including the behavior of the deceased.
Advice for drivers:
- Follow strictly the rules for driving, even when the road appears “clear”.
- Maintain appropriate speed and caution when passing through populated areas, pedestrian paths and bends with limited visibility.
- Use video recorders – they can be be key to proving the objective truth in traffic accidents.
- In the event of an accident, seek assistance from law enforcement authorities. Timely legal assistance from an experienced criminal lawyer specializing in traffic accidents is essential.
More interesting topics can be found in the section ” Criminal law”.
Silvia Petkova Sole Proprietorship Law Firm is a specialized criminal law firm with experts who have extensive experience in representing clients in cases involving traffic accidents and transportation crimes.
The lawyers from the law firm provide representation in criminal cases throughout the territory of the entire country. The provision of legal consultations by telephone or on site at the office is provided only by prior appointment at a scheduled time.
Contact
Sylvia Petkova Sole Proprietorship Law Firm
Address: Sofia, 2 Tri Ushi St., Floor 3
Business hours: Monday to Friday, 10:00 a.m. to 6:00 p.m.
Language: 0885 47 77 57
email: office@petkovalegal.com
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