Road safety

The Supreme Court (TS) has settled a dispute arising from a tragic traffic accident in which a driver lost his life while trying to overtake a truck and crossing into the opposite lane, colliding with another vehicle traveling there. The relatives of the deceased driver tried to claim compensation from the insurance company, alleging that the other car was speeding (between 8 and 18 km/h above the limit).

However, both the court of first instance, the Provincial Court, and finally the TS have agreed that the responsibility for the accident lay solely with the deceased driver, who performed a seriously reckless maneuver by crossing into the opposite lane during the overtaking. The courts have explained that, although the other vehicle was speeding, this did not significantly influence the cause of the accident or its consequences, nor has it been proven that it could have taken evasive action.

The TS clarifies that in such situations, exclusive fault would only cease to apply if it were demonstrated that there was force majeure or if another party had a decisive intervention in the outcome, something that did not happen here. So, in cases of crossing into the opposite lane while overtaking, if no significant action by the others is demonstrated, the sole responsibility lies with the one who performs the dangerous maneuver. during an overtaking maneuver, if no relevant action by others is demonstrated, the sole responsibility lies with the one performing the dangerous maneuver.

If you feel aggrieved and in a position to demand accountability for any damage suffered due to a traffic accident, our professionals can assist you in pursuing your claims.