Criminal Liability in Traffic Accidents: Injury and Death

Traffic accidents are part of daily life, but when they result in physical harm, they move from “Insurance Law” to “Criminal Law.” The driver faces not just financial liability, but prison time. The crime is generally defined as Negligence (Taksir) - acting without intent to harm, but causing harm due to carelessness, imprudence, or violation of rules.

1. Simple Negligence (Basit Taksir)

You didn’t want the accident, but you were momentarily careless (e.g., looked at phone, missed a yield sign, forgot to signal).

• Negligent Injury (Taksirle Yaralama - TCK 89):
  • If victim has simple injuries: 3 months to 1 year prison.
  • If victim has bone fracture or permanent damage: Penalty increases.
  • Complaint: It usually requires the victim’s complaint. If they withdraw the complaint (usually after getting paid), the case drops.
• Negligent Manslaughter (Taksirle Öldürme - TCK 85):
  • 1 Death: 2 to 6 years prison.
  • Multiple Deaths (or 1 Death + 1 Injury): 2 to 15 years prison.
  • No Complaint Needed: The state prosecutes even if the family forgives.

2. Conscious Negligence (Bilinçli Taksir) - TCK 22/3

This is the most dangerous territory for drivers. It occurs when the driver foresaw the risk but trusted their luck or skill to avoid it.

• Examples:
  • Driving significantly above speed limit.
  • Running a red light intentionally.
  • Drunk Driving.
• Consequence: The penalty determined above is increased by 1/3 to 1/2.
• No Conversion: Prison sentences for Conscious Negligence resulting in death cannot be converted to judicial fines. You go to prison.

3. Probable Intent (Olası Kast)

In extreme cases, the behavior is so reckless that the law presumes the driver “accepted the result.”

• Example: Driving against traffic (Wrong Way) on a highway just for fun.
• Charge: Murder (Kasten Öldürme). Penalty: 20-25 years.

The “Fault Report” (Kusur Raporu)

The verdict depends almost entirely on the Fault Ratio. The court sends the file to the Forensic Medicine Traffic Department (Adli Tıp Trafik İhtisas Dairesi). They assign fault:

• Driver A: Primary Fault (Asli Kusurlu).
• Victim (Pedestrian): Secondary Fault (Tali Kusurlu). If the victim is found 100% at fault (e.g., jumping in front of car on highway), the driver is acquitted.

Conclusion

A traffic accident is split-second chaos, but the legal battle lasts years. Challenging the initial Traffic Police Report (Kaza Tespit Tutanağı) immediately is crucial, as courts rely heavily on it.

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