On the Issue of the Possibility for a Court to Use Expert Techniques in Determining the Proportions of Compensation for Property Damage Caused by a Traffic Accident
https://doi.org/10.30764/1819-2785-2019-14-3-120-126
Abstract
The study of the features of compensation for harm caused by a high-risk object is important both from theoretical and practical points of view. The article attempts to justify the possibility for a court to use expert techniques in determining the proportions of compensation for property damage caused by a traffic accident resulting from inadequacy of road conditions to safety requirements. The subjective basis for imposing liability on a driver for the damage caused by the accident is the high-risk object owner’s conscious choice to carry out activities entailing an accidental harmful result. When considering the cases of this category, the court may face the problem of determining the proportions of compensation for the damage that has arisen from the inadequacy of the driving to the requirements of traffic regulations and from negligence in the performance of duties by the road services. In this case, it is proposed to determine the proportions of damages from the standpoint of rationale for the extent of the driver’s technical ability to prevent the accident.
About the Authors
D. V. Sedov
Irkutsk National Research Technical University
Russian Federation
Sedov Dmitrii Vladimirovich – Candidate of Engineering, Associate Professor of industrial ecology and life safety Department
Russian Federation
Sedov Dmitrii Vladimirovich – Candidate of Engineering, Associate Professor of industrial ecology and life safety Department
A. I. Sirokhin
East-Siberian Institute of the Ministry of Internal Affairs of the Russian Federation
Sirokhin Anton Igorevich – Senior Lecturer, Department of civil law disciplines
Sirokhin Anton Igorevich – Senior Lecturer, Department of civil law disciplines
References
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Review
For citations:
Sedov D.V., Sirokhin A.I. On the Issue of the Possibility for a Court to Use Expert Techniques in Determining the Proportions of Compensation for Property Damage Caused by a Traffic Accident. Theory and Practice of Forensic Science. 2019;14(3):120-126. (In Russ.) https://doi.org/10.30764/1819-2785-2019-14-3-120-126
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