What are the criminal and civil consequences that derive from the exclusive fault of the victim in a traffic accident?

January 20 , 2023 // Specialty : Liability derived from the use of motor vehicles

Published in El Derecho

APPROACH

In a traffic accident, there is not always a direct fault of the driver causing the accident, but rather many circumstances that contribute to its occurrence. In this case, when we analyze what the victim's conduct was, we can give rise to assessing the influence that this had on the final result when it comes to determining the assessment that this conduct may have had on that end.

We consider, therefore, what are the consequences that occur both in the civil and criminal order in cases in which the victim has been the sole fault of the accident and how to prove it if it is maintained that the It was the driver's fault.

ANSWER APPROVED UNANIMOUSLY

To answer the question raised, most of our collaborators start from the fact that, in the civil order, the title of attribution of responsibility is the objective risk derived from the circulation of the vehicle (art. 1.1 LRCSCVM; EDL 2004/152063) while that, in the criminal order, the title of subjective attribution of responsibility is the principle of guilt according to art. 5 CP (EDL 1995/16398) (There is no penalty without intent or negligence).

Likewise, both in one order and in another, the consequences of the exclusive fault of the victim imply the absence of responsibility of the driver of the vehicle, except in civil order, the specific provision contained in the second paragraph of article 1.2 LRCSCVM.

On the other hand, it is also agreed that exclusive fault or concurrence of fault requires not only that the conduct of the victim be the decisive contribution to causing the damage, but also that the driver acted with all due diligence to avoid it.