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Involvement in traffic accident compensation the importance of “involvement” in the compensation of victims of traffic accidents
According to article 1 of law 85-677 of July 5, 1985 , the notion of “involvement” plays a key role in the system of compensation for victims of traffic accidents. Our expert lawyer in Nice will enlighten you on the scope of this text .
Definition of “involvement” in road traffic accident compensation: –
Determining the involvement of a motor vehicle that has come into contact with the site of damage poses relatively little difficulty. Case law has established that a motor vehicle in contact with the place of damage is intrinsically involved, whether it is stationary, parked or moving (Court of Cassation, 2nd civil chamber, January 25, 1995; April 30, 2014 , No. 13-16.291). However, even in the absence of physical contact, the involvement of a vehicle can always be recognized (Court of cassation, criminal division, October 30, 1989).
The criteria of “any role” or “intervention in any way whatsoever” of the vehicle in the accident were then retained. Thus, the mere presence of a vehicle at the scene of the accident is not sufficient to establish its involvement (2nd Civil Chamber, May 25, 1994, No. 92-19.200; December 13, 2012, No. 11-19.696). However, involvement is recognized when the vehicle played a disruptive role. For example, the involvement of an overtaken vehicle, traveling at a significantly reduced speed and encroaching on the traffic lane, despite the absence of contact with the place of damage, can be recognized (2nd Civil Chamber, April 18, 2019, no. 18-14.948).
Assess involvement: Contact and beyond: –
More than physical contact, it is the causal role, in the broad sense, which determines the involvement of a vehicle in a traffic accident. The 2nd civil chamber of the Court of Cassation further clarified the notion of involvement in the absence of contact in a judgment dated January 16, 2020. In this case, the mother and sister of a victim of a road accident circulation brought legal action against the owner and driver of a tractor, invoking their involvement in the accident within the meaning of Article 1 of Law No. 85-677 of July 5, 1985. The victim had skidded on the road, made slippery by oil accidentally spilled by the tractor following a leak. The Court of Cassation confirmed the previous judgment of the Court of Appeal, recognizing the involvement of the tractor in the accident (Court of Cassation, 2nd civil chamber, January 16, 2020, n° 18-23.787).
The notion of “involvement”, interpreted in the broad sense by the legislator, is assessed in favor of the victim. It is kept when a vehicle plays a role, whatever its nature, in the occurrence of the accident. This understanding of implication reflects previous case law and ensures that victims receive appropriate compensation for their damages .
