Legal proceedings for moral damage compensation have ended

November 21, 2023

About five years of legal proceedings for moral damage compensation related to an accident resulting in the death of a person have ended. The accident took place on state-owned real estate, on which an uncoordinated barrier was placed, into which the deceased crashed. With the help of a WIDEN, the deceased’s father appealed to the court, asking for recovery of moral damages, which was partially satisfied after 5 years of litigation.

The unjustified action of the state manifested itself as an arbitrary construction by placing a road barrier and road signs on state-owned real estate, which do not comply with the requirements of regulatory acts. The barrier was not properly coordinated with the municipality, therefore the need for a barrier had not been confirmed by a competent authority at the time of the accident. Any structure, including a road barrier, must not create unacceptable risks of accidents or loss. A barrier that is not visible at a sufficient distance for braking and which, when struck, results in loss of life, is considered a structure that poses a risk to human life.