Min menu

Pages

 

Truck accident lawyer

You are the victim of a truck accident. In other words, you are the victim of a traffic accident while driving heavy goods vehicles as part of your duties.

However, you are wondering how to be compensated. What regime you depend on in this matter:

  • Do you depend on the legislation on accidents at work?
  • Can you benefit from the very favorable provisions for victims of the Badinter law?

You should discuss this with your lawyer specializing in truck accidents, who will be able to explain to you the fields of intervention of the various provisions.

Hire a lawyer specializing in bodily injury recognized by the National Bar Council

The law of July 5, 1985, was not originally extended to road traffic accidents within the framework of professional activity. In fact, it was not until January 27, 1993, with the arrival of new regulations that the benefits of the so-called Badinter law were applied to victims of a traffic accident with a land motor vehicle driven by an employee within the framework of his duties.

The text of article L455-1-1 of the social security code specifies:

"The victim, or his beneficiaries and the fund may avail themselves of the provisions of articles L. 454-1 and L. 455-2 when the accident defined in article L. 411-1 occurs on a road open to the public traffic and involves a land motor vehicle driven by the employer, an employee or a person belonging to the same company as the victim The additional compensation provided for in the first paragraph is governed by the provisions of Law No. 85-677 of 5 July 1985 aimed at improving the situation of victims of traffic accidents and accelerating compensation procedures. . "

These provisions now apply to companies in the private and public sectors. To be convinced, you should read the provisions of article L455-1 of the Social Security Code if the accident of which the worker is a victim under the conditions provided for in Article L. 411-2 is caused by the employer or his employees or, more generally, by a person belonging to the same company as the victim, he The provisions of Articles L. 454-1 and L. 455-2 are applied against the perpetrator responsible for the accident. "

1- The definition of the traffic lane for a truck accident

The particularity for employees is that the accident must take place on a road open to public traffic.

This precision not contained in the law known as Badinter comes to frame more precisely the traffic accident within the framework of the professional activity. Indeed, as a reminder, the Badinter law only covers traffic accidents involving a land motor vehicle.

Case law has been the most courageous and has eliminated all disputes on this point. Indeed, the Judicial Court after analysis of the Court of Cassation, now considers that the accident must simply take place in an area subject to the highway code This is how traffic parking areas are concerned. It is no longer a question of specifying whether it is a lane simply reserved for traffic.

Parked vehicles regardless of the type of parking may be affected.

The nature of the track has no impact (accidents that have occurred in terms of construction machinery, in work areas, or in private premises with the operation of specific machinery, in particular for loading and unloading of goods

2- Faulty road accidents excluded from the Badinter law

Thus, case law has been very favorable to drivers who are victims of their professional activity. It is in fact the judge who instigated this tendency not to exclude a very important part of work accidents that take place with a land motor vehicle.

The extent of the field of application can only be explained by the desire to provide the victim with the most favorable compensation system possible. The importance is considerable, particularly in terms of post-consolidation compensation.

The court of cassation is very firm:

"Whereas any victim of a traffic accident in which a land motor vehicle is involved is entitled to compensation for his damage under the conditions of the law of July 5, 1985, the provisions of which are of public order, however, the Constitutional Council did not confirm this solution when examining a priority question of constitutionality.

However, we must be careful and each case can be interpreted differently by the Courts of Justice. It is therefore essential to prepare your case well with your traffic accident lawyer who will not fall into the traps of the law If the accident involves 2 company employees with a company vehicle, there is no difficulty.


Comments