The framework for compensating victims of road traffic accidents under the 1985 Badinter Law, outlining the conditions for liability and exemptions.
Extract
[...] The place of circulation ? Extended by JP in an extendable way: not limited to only roads open to public circulation. 3. The fact of circulation ? Indifference to the qualification of the VTM engine: running, stopped, broken down, engine on or broken down. ? The fact of circulation is qualified as soon as there is a vocation to circulate from the motorist. ? Since the VTM is a work tool and not a means of transportation, the 1985 law does not apply. [...]
[...] Victims aged 16 to 70 years without any particular disability : - Intentional fault: act of intentionally seeking damage - Inexcusable fault: 1987 rulings: it is inexcusable for a voluntary fault of exceptional gravity that exposes without a valid reason to a danger of which it should have been aware. + it must be the exclusive cause of the damage. ? Overprotected victims years old, + 70 years old or disabled with = or > these are more vulnerable victims than others: - Intentional fault: only this can be opposed to them (article 3 of the law). This assumes a capacity for discernment, so it does not concern young children or people with mental disorders. [...]
[...] Damages + causal link here. ? Simple presumption of involvement The involvement of the VTM in the damage, it is up to the driver or guardian to prove that the VTM did not cause the damage. - Does not apply to damages appearing simultaneously with the accident. - Chain collision: the damage is linked to the global accident §3 Causes of Exoneration ? In this case, all victims are treated in the same way Bodily harm). ? Article 5 law 1985 : the victim's fault limits or excludes the author's compensation. [...]
[...] Compensation Scheme for Road Traffic Accidents ROAD TRAFFIC ACCIDENT COMPENSATION SCHEME FRAMEWORK §1. Liability / Contractual §2 The Generating Fact ? Article 1 of the Badinter Law of 1985 bring to light 4 main elements: - VTM - Traffic accident - The victim of the accident - The person responsible I. The motor vehicle ? Any engine intended for the transport of persons or things that move on the ground and is due to any motive power. ? Indifference to the qualification of the VTM engine: running, stopped or in breakdown. [...]
