About Motorcycle Accident Law in Istanbul, Turkey
Motorcycle accident law in Istanbul operates based on the broader Turkish traffic and personal injury laws. When a motorcycle accident occurs, victims may be entitled to compensation for injuries and damages sustained. Determining who is at fault is crucial in claiming compensation. The key points often revolve around negligent driving, road conditions, possible mechanical failures, and adherence to traffic regulations.
Why You May Need a Lawyer
If you've been involved in a motorcycle accident in Istanbul, hiring a lawyer can be essential in navigating the complex legal scenario. Situations where legal help becomes invaluable include instances where significant injuries are sustained, the at-fault party denies liability, dispute over compensation amounts with the insurance company arises, or when legal terminologies and procedures seem confusing and overwhelming.
Local Laws Overview
Istanbul adheres to the general Turkish laws governing traffic accidents. Article 90 of the Turkish Criminal Code can be invoked if there is injury due to negligent driving, while Article 85 comes into effect in cases of negligent homicide due to reckless driving. If a defect in the road is the cause for the accident, the local municipality could be held accountable as per Public Liability Insurance. The limitation period to claim personal injuries after a motorcycle accident in Turkey is 2 years from the date of accident or knowledge of the damage.
Frequently Asked Questions
Who determines who is at fault in a motorcycle accident?
Accident reconstruction experts, law enforcement officers, and insurance adjusters usually play a role in determining fault in a motorcycle accident. They do so by examining the accident site, assessing the damage on the vehicles, reviewing medical reports of the injured parties, and reading eyewitness accounts.
Can a lawyer help if the at-fault party denies liability?
Yes, a lawyer can represent you and help establish evidence of the at-fault party’s negligence or wrongdoing. They will help collect essential documentation and communicate with the relevant insurance companies on your behalf.
What if the accident is due to a defect in my motorcycle?
In such cases, you may be able to file a product liability lawsuit against the motorcycle manufacturer or the company that sold you the motorcycle. It would be beneficial to consult a lawyer with expertise in product liability cases in such circumstances.
What if the accident is due to poor road conditions?
When the accident occurs due to poor or unsafe road conditions, the local municipality may be held liable. An attorney can help you understand your options and how to proceed with your claim.
Can I claim for emotional distress caused by a motorcycle accident?
As per Turkish law, besides physical injuries, you may also claim for non-pecuniary damages which include emotional distress and pain and suffering caused by the accident.
Additional Resources
You may consult the Traffic Regulation and Road Safety Directorate-General website to get more information on traffic rules and regulations of Turkey. Furthermore, the Consumer Rights Association of Turkey (TÜKDER) website provides resources related to consumer rights including in case of accidents due to vehicle faults.
Next Steps
If you need legal assistance in a motorcycle accident case, the first step is to gather as much evidence as possible pertaining to the accident. Seek medical attention immediately and properly document all your injuries. Afterwards, consult a lawyer with expertise in motorcycle accidents. They will guide you through your legal rights and help you claim the compensation you are entitled to.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be
construed as legal advice. While we strive to present accurate and up-to-date information, we cannot
guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change
frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
professionals for specific advice tailored to your situation.
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