Many times we ask ourselves if we have the right to a Compensation for a crime against road safety. For the compensation of damages derived from a crime against road safety to proceed, it is necessary:
- To be condemned for the commission of a typical event.
- That the production of some damages is proven.
- That said damages derive from the criminal act.
This means that in the same act of civil law liability can be requested and also, it is a right of the parties harmed by the crime.
Types of compensation
The compensation not only for the material damages suffered from the damage caused by said action, but also from the moral damages caused
When there are malicious injuries , the tables included in the Consolidated Text on Civil Liability and Motor Vehicle Circulation Insurance, approved by Royal Legislative Decree 8/2004, of October 29, established for imprudent injuries derived from a traffic accident. The tables that should be applied are valid at the time of healing of the injuries and that date is found in the health report issued by the forensic doctor of the Court.
Claim for crimes against road safety
It must be borne in mind that for the compensations provided for in case of death, permanent injuries and temporary incapacities, moral damages are already included.
But when we can only request compensation for the moral damages caused, request that the law protects in its Article 109 of the Penal Code stating that, “The execution of an act described by the Law as a crime or lack obliges to repair, under the The injured party may choose, in any case, to claim civil liability before the Civil Jurisdiction. “
Likewise, article 110 of the same legal body establishes that, “the responsibility established in the previous article includes:
- The restitution.
- The repair of the damage.
- The compensation of material and moral damages “.
What the jurisprudence says
The Supreme Court has been highlighting, in Sentences such as the one of February 4, 2005, that “in this regard, it should be remembered that jurisprudential doctrine maintains the position that the reparation of moral damage or suffering, which does not attend to the and to provide as much humanly as possible for the satisfaction of the suffering that has been caused. “
We must prove the moral damage for which we will have proof that such damage has been caused and we must therefore prove to suffer or psychic suffering of the victim. The normal thing is that they are not necessary, especially in relation to their economic translation, and that there must be concurrent and accredited circumstances in the trial, as the Supreme Court Judgments of January 29, 1993 and 9 December 1994
But when it depends on a judgment of value as a result of one’s own reality to judicial immediacy, a specific probative activity is not required, although a psychological report is advisable that endorses the existence of such damages and proves the impact or psychic suffering or spiritual , impotence, anxiety, anguish, anxiety disorder, emotional impact, etc.
Bring us your case, we will study the facts, the circumstances, the civil responsibilities that you could request and without any commitment we will communicate the procedure to follow, for the satisfaction of your concerns.
If you have any questions, do not hesitate to go to any lawyers, accompany you in all instances advising, representing and demanding the fulfillment of your rights.