That's the point of the ultimate Court's ruling. The case afraid the father of a 5-year-old girl who on a road journey signaled to him that he wanted to get off at the designated house. A driving colleague pulled over on the other side of the road. The father got out and went towards the rear of the vehicle, the driver moved and saw a fellow in the rear-view mirror of the goat passing from across the car. He stopped the car, started CPR, but the hit man died.
As it was determined, the driver who hit the victim braked 21.5 m ahead of the hit-and-run, followed by 19.5 m. The vehicle velocity was estimated at 80 km/h and then the stopping distance is as advanced as 61 m. The car's method condition had no effect on the accident, the driver was sober, and the victim had 1.79 blood alcohol at the time of the incident. The accident investigation was dropped.
The insurance company refused to pay for the victim's daughter, so the parent filed a suit on her behalf to make amends for the pains suffered by the tragic death of her father and suffered (although he worked abroad, but all weekend he came to Poland and kept the full family).
Having respect to the expert's opinion that the direct origin of the accident was a mistaken pedestrian procedure which did not announcement an oncoming vehicle, the regional court indicated that the insurance company failed to meet the work to show the sole responsibility of the injured person, which could exclude its liability for compensation. Taking into account the number of violations of traffic regulations committed by the SR on ft determined its contribution to the harm to 90 percent and 50 1000 zł as an adequate amount to the plaintiff's suffering, which led to the charge of PLN 5 1000 (10 percent of the corresponding amount). The Poznań territory Court held its verdict, so the case went to SN.
The ultimate Court ordered SO to re-examine the case. He pointed out that reducing compensation to specified a large amount (90 percent) required a firm knowing of the correct road reflection by the driver who hit the victim and the adequacy of his response.
It was not adequate for the SR to make an ambiguous reflection that the injured individual ‘could not leave just in front of the vehicle that hit him’, since the manager besides had a work of caution, so it was essential to examine whether he could be accused of incorrect reflection of the road. If there are grounds for making specified a claim, the simplification in compensation to specified a large degree should be considered as unfounded, said SN.
Account must besides be taken of the fact that there was no peculiar caution order in a critical place, another than for a pedestrian entering the road. – The monetary compensation of his essence is an imperfect means of compensation for non-material damage, but in view of the nature of the household relation and the consequences of this event for his daughter, the compensation granted by the courts of the lower instances was to be regarded as grossly low – he pointed out in the conclusions of the justification of the SN in the composition of the judges: Grzegorz Misiurek, Paweł Grzegorczyk and Agnieszka Piotrowska.
File number: II CSKP 136/23
Prof. Marcin Orlicki
Adam Mickiewicz University, Legal Advisor
It is very hard to find the degree to which loved ones endure from the failure of a household associate in a traffic accident. It is even harder to indicate what amount will be the right compensation for the suffering suffered. However, there is no uncertainty that compensation should be a real economical value, not just a symbolic motion and not a crucial one. This besides applies to cases where the injured individual has importantly contributed to the injury. Even in specified a case, the insignificant daughter of the victim should receive a real and tangible compensation, which will even partially correspond to her current and future sufferings of losing her father. It is so appropriate to note that the grossly low compensation amount should be changed.
