Underage Claimant's Motorcycle Accident Claim Succeeds
Court: Famagusta District Court
Case Number: 69/17
Judgment Date: May 13, 2024
Judge: M. Ierokipiotou, AED
Facts of the Case
On April 29, 2014, at approximately 20:55, the plaintiff, then aged 16, was involved in a serious traffic accident while riding his moped in Paralimni, Cyprus. The accident occurred when the first defendant, made a sudden and improper right-hand turn, cutting across the plaintiff’s path. The vehicle driven by the first defendant was insured by the second defendant, Pancyprian Insurance Company.
As a result of the accident, the plaintiff sustained significant physical injuries, most notably a right femoral fracture. He underwent multiple surgeries, but was left with permanent nerve damage, resulting in chronic pain, reduced mobility, and a diminished quality of life. He sought compensation for both special and general damages, including future medical expenses and the impact on his ability to work.
Contributory Negligence Argument
The first defendant argued that the plaintiff was partly or entirely responsible for the accident due to his lack of a driver’s license, failure to wear a helmet, and lack of insurance. The defense claimed that the plaintiff’s inexperience and reckless driving contributed to the collision, and thus, his injuries were at least partially his own fault.
Court’s Analysis on Contributory Negligence
The court thoroughly examined the contributory negligence argument raised by the defense. The first defendant alleged that the plaintiff’s inexperience and failure to follow basic traffic safety measures—such as wearing a helmet—should render him either fully or partially responsible for the accident.
However, the court rejected these claims for several reasons:
- No Causal Link Between Inexperience and the Accident:
The court found no evidence to support the defense’s assertion that the plaintiff’s lack of experience or failure to wear a helmet contributed to the accident. It was determined that the accident was caused by the reckless maneuver of the first defendant, who cut across the plaintiff’s path without warning.
- Failure to Prove that a Helmet Would Have Mitigated the Injuries:
The court held that there was no medical evidence suggesting that the plaintiff’s injuries would have been less severe had he been wearing a helmet. The plaintiff’s injuries, which included a femoral fracture and nerve damage, were not of a type that would have been prevented or lessened by wearing a helmet. This position was supported by precedent from cases like ΖΑΟΥΡΗ ΑΖΟΦ v. ΠΡΟΔΡΟΜΟΥ ΠΡΟΔΡΟΜΟΥ, where the court ruled that failing to wear a helmet does not automatically establish contributory negligence unless it is proven that it contributed to the severity of the injuries.
- Court’s Reliance on Precedent:
Citing the case ΡΑΛΛΗΣ ΜΑΚΡΙΔΗΣ ΚΑΙ ΥΙΟΙ ΛΙΜΙΤΕΔ v. ΤΑΣΟΣ ΑΝΔΡΕΑ ΛΟΥΚΑ, the court emphasized that the mere fact that a driver lacks a license or is inexperienced does not inherently prove negligence unless there is a clear causal connection between the driver’s lack of qualifications and the accident. In this case, there was no such evidence. The accident was caused by the first defendant’s abrupt and reckless turn, which cut off the plaintiff’s right of way.
- Exclusive Fault of the First Defendant:
The court concluded that the accident was exclusively the result of the first defendant’s failure to exercise proper caution when making the right-hand turn. The defendant had a duty to ensure that the road was clear before making the turn, and his failure to do so directly caused the collision. The plaintiff had no opportunity to avoid the accident, despite making an effort to swerve.
As a result, the court rejected the defense’s claim of contributory negligence, holding the first defendant entirely responsible for the accident.
Damages Awarded
- General Damages: €80,000 for pain, suffering, and loss of enjoyment of life, with legal interest accruing from April 11, 2017 (the date the claim was filed).
- Partial Loss of Earnings: €10,000 for the plaintiff’s inability to work full-time as a mechanic due to his injuries.
- Future Medical Expenses: €4,000 for the cost of a future surgery to remove hardware (screws and plates) from the femur and a plastic surgery procedure to minimize scarring.
- Special Damages: €752 for documented medical and related expenses, with interest from April 29, 2014, the date of the accident.
Case Principle
The court’s decision in this case highlights the significance of driver responsibility, particularly when making maneuvers that intersect with another vehicle’s right of way. Despite the plaintiff’s youth and lack of a driver’s license, the court ruled that the accident was caused solely by the first defendant’s reckless driving. The court’s rejection of contributory negligence underscores the principle that failure to wear a helmet or possess a license does not, in itself, prove fault unless it can be shown that such factors contributed directly to the cause or severity of the accident.
