Petition for Traffic Accident Fault Determination Case
ANKARA DUTY ( ) COURT OF FIRST INSTANCE
PLAINTIFF/
REQUESTING DETERMINATION/
REQUESTER :A….. B….. (T.C.:…………)
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT/
AGAINST PARTY :C….. D…. (T.C.:………..)
ADDRESS
SUBJECT OF REQUEST :../../…. After the traffic accident that occurred on the date; It is about our requests regarding the determination of the fault rates of the parties.
EXPLANATIONS
Plaintiff client A….. B….., …. with the licence plate number 06 … Vehicle (copy of the licence plate is attached to the petition as Annex 1) and ../../…. While travelling towards Ostim from the direction of Batıkent on the date of …/…/….. D…., the ownership of which belongs to the defendant C…. D…. Model …. Brand vehicle, ……………………. Junction with material damage traffic accident.
The vehicle driven and managed by the defendant could not stop by violating the speed limit rules of the location where the accident occurred and hit the vehicle driven and managed by the client at speed, causing the client to hit the vehicle in front and thus a chain accident occurred.
As a result of the incident, a Traffic Accident Report with material damage (Annex-2) was kept between the parties. According to the fault report (tramer) issued in accordance with this report, the defendant’s 06 … plate vehicle is fully at fault. The defendant caused the accident in question by violating Articles 52/1-a and b of the Highway Traffic Law No. 2918. According to these articles, “Drivers:
.
a) Reduce their speed when approaching junctions, entering roundabouts, approaching hill tops, travelling on winding roads, approaching pedestrian crossings, level crossings, tunnels, narrow bridges and culverts, entering construction and repair areas,
b) They are obliged to adapt their speed to the load and technical characteristics of the vehicle they are driving and to the conditions required by the visibility, road, weather and traffic situation.”
As it is evident from the report, the defendant is the main defendant in the accident and the plaintiff client has no fault in this accident.
As a result of this accident, the client’s vehicle suffered major damage. The client’s vehicle, which has become unusable, is still …….. …. located in Ostim Yenimahalle Ankara Auto Repair Shop in Ostim Yenahalle Ankara.
Since we will file a lawsuit against the defendant side in order to eliminate the victimisation of the client; we request that the parties’ fault ratio be determined by conducting discovery at the accident site.
LEGAL GROUNDS : 6047 numbered KTK, HMK, Attorneyship Law and other relevant legislation
EVIDENCE : Photocopy of the vehicle registration, ….. dated …/…/2021 Accident Sequence Numbered Material Damage Traffic Accident Report, witness, expert, discovery and all other evidence
CONCLUSION AND REQUEST: For all the reasons explained above; we request and demand by proxy to determine the fault rates of the parties by conducting discovery at the accident site and listening to the witnesses. 24/11/2021
PLAINTIFF/DEMANDING/REQUESTING REPRESENTATIVE
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