Today, many employers provide vehicles to their workers, not limited to transportation, and these vehicles are used by the workers to carry out the work. According to published reports, 1886 workers lost their lives due to work accidents in 2014 alone. Considering that traffic accidents, which are one of the most important problems in our country, unfortunately occur frequently, it is important from a legal perspective what the employer's liability will be if the vehicle used by the employee is involved in a traffic accident.
DAMAGES SUFFERED BY THE WORKER
The employer will be responsible if the worker is injured or dies as a result of the vehicle the worker is driving having an accident. Because, in accordance with Article 2 of the Labor Law No. 4857, vehicles are also considered workplaces, and a traffic accident involving a worker is considered as an occupational accident that occurred at the workplace.
The principle of inevitability of the employer's liability is taken into account. Inevitability is a kind of forece majeure situation, and states of absolute inevitability cut the causal link. Therefore, if the causal link between the member and the job cannot be established, the employer cannot be held responsible. The causal link is deemed to be severed in cases of gross negligence or intent on the part of the insured, force majeure and 100% fault of the third party. For example, a worker flying his car off a cliff to commit suicide breaks the causal link. An example of a third person's gross negligence is the situation where the worker becomes disabled as a result of the vehicle driven by the third party violating the lane, hitting the worker's vehicle at 100% fault. However, the fault of the third person is considered as a fault in practice, and failure to perform periodic maintenance of the vehicle is also considered as the fault of the employer. Thus, it can be said that the employer is jointly and severally liable with the third party for damages that occur as a result of the gross negligence of third parties.
Apart from these exceptions, the employer is responsible under "danger liability" in cases where the necessary training is not given to the worker, the technical maintenance of the vehicle used by the worker is not carried out, or if the accident occurs as a result of a technical malfunction even if it is done. For example, if an accident occurs due to the vehicle's brakes bursting, tie rods coming off, etc., the employer is fully responsible due to danger liability. Employers should keep the certificates of the training they provide to workers in their personnel files, have all vehicles and equipment maintained periodically, have the instructions signed, take the necessary measures to ensure the health and safety of the worker by getting service from workplace health and safety experts according to the danger class of the job, and if commercially possible, take such measures to ensure the health and safety of the worker. It is recommended to have insurance that includes material and moral compensation for accidents.
If the employer is responsible for such an accident, the employee can claim material and moral compensation in the Labor Courts. Damages such as loss of effort, disability, and temporary disability are also included in the claim for material compensation.
DAMAGES INCURRED BY THIRD PARTIES DUE TO WORKER'S TORTION
The prerequisite for the employer to be held responsible for compensation for the other party's damage due to the traffic accident caused by its employee is that the employee must be at fault in accordance with the Highway Traffic Law. The employer is also held legally responsible to the extent of the employee's fault. It should be underlined that this liability is not criminal, but is limited to compensation for material and moral damages resulting from the accident.
This responsibility of the employer arises from different laws, for example, in accordance with Article 66 of the Code of Obligations No. 6098, the "Employer's Liability" provision also imposes responsibility on the employer. In addition, in accordance with the Labor Law, if the accident is used during work hours or for a work-related purpose or to make a profit for the employer, the employer is jointly and severally liable with the employee for the damages suffered by a third party, in accordance with the causal link. Finally, Article 85 of the Highway Traffic Law mentions the liability of the operator, and in the 3rd article of the same law, the operator is defined as "the owner of the vehicle or who is registered as a buyer in the sale with the condition of preserving the ownership, or who is a lessee in cases such as long-term rental, loan or pledge of the vehicle." or hostage taker. However, if it is proven by the relevant party that another person operates the vehicle on his own account and at his own risk and has actual possession of the vehicle, this person is deemed to be the operator.” Therefore, the employer who owns the vehicle is also liable for damages resulting from the accident in accordance with the Highway Traffic Law.
In this case, if the third person dies, their first degree relatives and heirs may also request material and moral compensation.
As explained above, the employer's liability in accidents involving employees is broad, especially in accordance with the Supreme Court decisions that have become established in recent years. In this case, the employer will fulfill all his responsibilities, provide the employee with the necessary training and equipment, and try to prove that he has no fault in a possible accident.
For More Detailed Information:
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| Hunting. I. Can Çayırpare | email: can.cayirpare@cvghukuk.com | Tel: 0532 474 30 35 |
| Hunting. B. Güven Cem | email: guven.cem@cvghukuk.com | Tel: 0533 740 86 28 |
| Hunting. Volkan Önkibar | email: volkan.onkibar@cvghukuk.com | Tel: 0535 662 61 06 |
