2023-10-24 16:50:15
Besides depressing us, autumn also brings its share of hassles on the roads. And let’s not even talk about winter. Of course, rain recharges the water tables, and snow is pretty. But all that is slipping. And what about the roads covered in mud after farmers’ tractors have passed through in the middle of plowing? Without forgetting the animals that cross without looking… So many unpredictable dangers for the road user who sees himself very helpless if he ends up in a ditch because of one or the other. Deprived? Not necessarily. We’ll explain that to you.
A few days ago, the gendarmes of interior Flanders, in the North, warned motorists after the report of large quantities of mud covering several departmental roads leaving corn, beet or potato plots. The cause is farmers and their tractors. The gendarmerie affirms that the farmer is “under a legal obligation to clean up at the end of the project”. If this is not done and “this mud is the cause of an accident, you may be held liable”, warn the gendarmes. To support their point, they rely on thearticle 1240 of the Civil Codewhich stipulates that “any act whatsoever of man which causes damage to another obliges the person through whose fault it happened to repair it”.
Article “1240” or “Badinter” law?
“Generally speaking, in matters of road accidents, we do not apply “1240”, we apply the Badinter law, unless this law does not provide an answer”, wishes to specify Maître Antoine Régley, lawyer specializing in road law. To make it clear, the lawyer takes the example of potholes: “Communities or even the State are regularly attacked by bikers who have fallen because of a pothole,” explains -he. “Administrations are required to ensure the good condition of the roads and they can therefore be held liable in the event of lack of maintenance. Is this worth it for the farmer? », he asks. In this case, in fact, article 1240 seems appropriate since, according to him, “you can put everything in it”.
But it is not yet won, far from it. You still have to be able to prove that, if you ended up in the ditch, it was only because of the mud on the road. “There must be fault, damage and a causal link. If we cannot prove the certain and exclusive causal link between the fault and the damage or between the fact and the damage, invoking 1240 will not prevent you from being screwed,” insists Maître Régley.
Some people will try to invoke “force majeure” to exempt themselves from liability, particularly if they cause an accident because of snow, ice or any other climatic hazard. Except it doesn’t work anymore. “Force majeure is no longer exempt in traffic accidents,” recalls the Association for Assistance to Road Accident Victims (2AV). “The patches of ice or patches of fog, too often mentioned previously, are in fact inherent to traffic risks and therefore do not represent an external nature to the activity of the person responsible,” adds 2AV. “No one is required to do the impossible,” says Master Régley. If we have an accident due to an external cause that we could neither predict nor anticipate, obviously, we will not be held responsible. »
Another external element: wild animals. According to an urban legend, the motorist would only have his eyes to cry if he were to pulverize his vehicle by hitting an animal on a country road. This is false, at least in part. “In the case of animals whose owner is known, it is up to the civil liability insurance to compensate you,” explains the road law lawyer. And if the owner is not insured, the victim must turn to the victims guarantee fund (FGAO). This fund will also cover compensation for victims who have struck a wild animal, but only in the event of a bodily injury. In other words, if your car is killed after a collision with a wild boar and you are fortunately not injured, you will probably be out of pocket.
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#blame #crash #car #mud #snow #animal