CIVIL LIABILITY IN TRAFFIC ACCIDENTS

Abstract

This work aims to analyze civil liability in cases of damage compensation arising from traffic accidents. The term liability is understood as the obligation to repair damage, regardless of whether it results from fault, a legal circumstance justifying it, such as presumed fault, or a purely objective circumstance. The objective of this study is to show and discuss some understandings about civil liability in traffic, confirming the idea that the driver of the vehicle should be held responsible, even if there is no fault, so that the victim is not left without the right to any compensation. The research adopts a qualitative, exploratory, and bibliographic approach. Materials such as books, magazines, websites, legislation, etc., were analyzed. The results obtained clarified that in traffic accident episodes, the presence of the prerequisites for the right to compensation is indispensable. As demonstrated throughout this work, civil liability in traffic accident cases is generally subjective; that is, for any compensation to be necessary, the fault of the person who caused the damage must be duly proven. Finally, it is concluded that to enable potential civil liability arising from traffic accidents, the presence of the elements that constitute a given legal concept is vital, such as human conduct, moral or material damage, linked by a causal nexus.