Badinter Law, traffic accident, motor vehicle, liability, damage, causal link, road accident, victim compensation, Law of 5 July 1985
Reader
Abstract
Extract
of 10
Abstract
Understand the conditions for liability under the Badinter Law of July 5, 1985, in the event of a traffic accident involving a motor vehicle.
Extract
[...] In conclusion, a road accident did indeed occur. II/ A motor vehicle Is a motor vehicle involved in this road accident? In accordance with Article 1 of the Law of 5 July 1985, a motor vehicle must be involved in the accident. The Court of Cassation specifies that a construction machine constitutes a vehicle if it moves under its own power civ 30 June 2004). In this case, the forklift moving under its own power, it is indeed a vehicle. [...]
[...] 2° 16 October 2008). However, it has considered that the Badinter law does not apply to accidents occurring on closed circuits (Civ. 2° 28 February 1996,). In this case, Mr. PIERRE skidded on a closed circuit. If it is indeed an accident, the fact that it occurred on a closed circuit prevents the application of the law. In conclusion, Mr. PIERRE will not be able to rely on the provisions of the law of July 1985. II/ The Constants of Liability Can Mr. [...]
[...] A road accident Has a road accident occurred? In accordance with Article 1 of the law of 5 July 1985, a road accident must have occurred. Case law specifies that it is not necessary for the accident to occur on a public road (Civ. 2° 22 May 2014). In this case, Mr. HUBERT is pushed by a forklift in front of the company. The fact that this accident does not take place on a public road does not prevent the qualification of a road accident. [...]
[...] In accordance with Article 1 of the Law of 5 July 1985, a motor vehicle must be involved in the accident. In this case, it is a matter of two vehicles parked. In conclusion, these are indeed vehicles. III/ A motor vehicle involved in a road accident Are the motor vehicles parked involved in Mr. JACQUES's accident? In accordance with Article 1he in accordance with the Badinter law, a causal link must exist between the accident and the vehicle, i.e. the vehicle must have played a role in the accident. [...]
[...] VI/ The causes of exoneration Did Mr. JACQUES commit a fault that would exonerate the drivers from compensation? In accordance with Article 3 of the Law of 5 July 1985, it is possible to invoke the fault of the victim in order to oppose compensation. In this case, Mr. JACQUES committed no fault. In conclusion, Mr. JACQUES will therefore be able to rely on the provisions of the Law of 5 July 1985 and request compensation from the owners of the vehicles. [...]
