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2024-08-27

Case Studies | Traffic Accident Case | Our Client Successfully Obtained Compensation


Relevant Provisions

 

Civil Code Article 184: A person who, through intent or negligence, unlawfully infringes on the rights of another shall be liable for damages. The same applies to a person who intentionally causes harm to another in a manner contrary to good morals.

Civil Code Article 191-2: The driver of a motor vehicle, motorcycle, or other non-rail-based powered vehicle shall be liable for damages caused to others while in use. However, this does not apply if the driver has exercised reasonable care to prevent the occurrence of the damage.

Civil Code Article 195: A person whose body, health, reputation, liberty, credit, privacy, chastity, or other personal legal interests have been unlawfully infringed upon, and the circumstances are severe, may claim a reasonable amount of compensation even if there is no property damage. A person whose reputation has been infringed may also request appropriate measures to restore their reputation.

Civil Code Article 196: A person who unlawfully damages another's property may claim compensation for the reduction in value caused by the damage.
 

Facts and Reasoning

 

In this case, the opposing party was driving a small passenger vehicle one afternoon and made an unauthorized U-turn without signaling or indicating their intent according to traffic regulations. Despite the clear weather, daylight conditions, dry asphalt road, no defects or obstructions, and good visibility, the driver failed to notice oncoming vehicles and inadvertently collided with our client, causing injuries to our client’s leg and damage to the vehicle.

(For the protection of our client's rights, certain details have been adjusted or omitted. To reference or review detailed case information, please consult the Judicial Yuan's judgment database.)
 

Judgment

 

After a thorough investigation and compilation of relevant evidence by our firm’s lawyers, we successfully secured compensation for our client, including medical expenses, nursing care, lost wages, transportation costs for medical visits, diminished earning capacity, vehicle repair costs, property damage, and moral damages. Interest is to be calculated at an annual rate of five percent until the date of full payment.

Legal Representatives: Attorneys Huang Shi-Han and You Hong-Cheng

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