From a humanitarian perspective, it is extremely tough when the lifetime of a street accident sufferer is minimize brief in such a method that his heirs are entitled to monetary compensation if he died on account of another person’s fault.
One of many instances that caught my consideration on this regard is a younger man who died in a street accident whereas driving in a automobile together with his good friend who was driving at excessive velocity beneath the affect of alcoholic drinks, inflicting him to lose management of the car. of the wheel and crashes right into a roadblock, after which the automobile deteriorates a number of instances.
I focus on this difficulty as a result of some folks consider that the motive force bears duty if he causes the demise of a number of folks in one other car, or runs over a pedestrian, with out realizing that he’s additionally liable for the security of those that accompany him within the automobile. , even whether it is his household or pals. Actually, an distinctive ruling has been issued. Beforehand, a mom was held answerable for the results of the demise of her fetus in an accident she brought about and was sentenced to 10 authorized expenses. blood cash on the time.
A court docket of first occasion convicted the younger driver who brought about the demise of his companion, ruling that he was sentenced to at least one 12 months in jail and obliged to pay the total authorized blood cash of 200,000 dirhams, along with the suspension of his driver’s license for a interval of six months after he was convicted of unintentionally inflicting the demise of an individual and destroying the property of others whereas driving beneath the affect of alcoholic drinks.
The query that arises in such a case amongst some folks: does the insurance coverage firm that insures the automobile that brought about the accident bear the duty for compensating the victims in case of harm or their households in case of demise, in gentle of the existence of exceptions to the protection within the insurance coverage coverage, together with the accountable driver driving beneath the affect of alcoholic drinks?
The reply is that insurance coverage firms can not keep away from their obligation to cowl accident injury, even with these exceptions, as a result of the precept of legislation establishes the correct to compensation whatever the situation of the insured driver, and the heirs have the correct of restoration in opposition to the corporate offers. who can later reclaim the at-fault driver if he violates the insurance coverage coverage.
The appropriate of the insured shouldn’t be confused with the correct of the injured social gathering. If the previous causes an accident and is beneath distinctive affect, akin to driving drunk or with no driver’s license, he isn’t entitled to compensation, whereas the insured The injured individual has an inherent proper to take action. In accordance with the provisions of the Civil Transactions Act.
There is no such thing as a doubt that this can be very vital to be strict with reckless and reckless individuals who threaten the security of street customers, and that is in accordance with Decree No. (29) of 2015 issued by the Authorities of Dubai and the amendments thereto in Decree No. (30) of 2023, which establishes deterrent fines of as much as AED 100,000 AED 50,000 for autos that pose a menace to life.
Whatever the materials and ethical rights assured by the legislator in varied legal guidelines and decrees, human and ethical concern have to be the idea of our habits on the street, since it’s tough for every of us to dwell with the crime of inflicting of the demise or harm of an harmless individual.
Arbitrator and authorized advisor
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