Traffic accidents in Turkey according to the criminal law

bus traffic accidents in Turkey
criminal law of Turkey

In this article, we will again talk about the traffic accidents in Turkey, but this time we will consider this problem according to the Turkish Criminal Law. The criminal code of Turkish republic determines the death of tourists in road accidents as “causing death by negligence”. The term “negligence” means causing unintentional damage due to improper execution of professional duties.

According to paragraph 1, Article 85 of the Criminal Code of Turkey, in the case of causing death by negligence, the offender faces 2 to 6 years of imprisonment. However, if the mistake of the driver has caused the death of more than one person or many people have received injuries of varying severity, the prison sentence can reach 15 years.

However, in some cases the degree of the driver’s guilt of is so high his mistake becomes close to such term of criminal law as “intentional negligence”. Examples include such violations as running a red light, a significant excess of speed within the inhabited locality, driving a vehicle under the alcohol influence. In the case of intentional negligence the terms of imprisonment mentioned above may be increased by 1/3 -1/2.

Speaking about the traffic accident involving a tourist bus we want to draw your attention to some important points. Firstly, the criminal proceedings are usually initiated only against the bus driver. However, according to the criminal code of Turkey, the criminal court case may be started against the leading executives of the travel company. The managing director of the travel company is personally responsible for the employment of qualified drivers. According to Turkish law, the driver must use the vehicle not more than 9 hours a day. Working beyond this norm is strictly prohibited. The driver must always take a rest before every trip. The tour company must monitor the implementation of these terms and conditions.

Secondly, most often the victims of the traffic accident and the relatives of those who died never issue the official complaint to the Criminal court of Turkey. In this regard, the offenders do not get the full punishment or the punishment is being delayed.

If you have become the victim of an accident in Turkey, please contact our lawyers in Turkey for free detailed consultation.