Traffic accident cases

The Legal Regime Governing Road Traffic Accidents under French Law – an overview

The liability regime applicable to road traffic accidents in France is governed by the Act of 5 July 1985, commonly referred to as the Badinter Law. This statute brought about a significant transformation in French tort law by introducing a regime of strict (or objective) liability, the purpose of which is to streamline and expedite the compensation process for victims of accidents involving motorised land vehicles. Its overarching aim is to ensure the prompt and equitable reparation of harm suffered.

1. Conditions for the Application of the Badinter Law

The Badinter Law applies where the following three cumulative conditions are satisfied:

• A road traffic accident: The incident must be a sudden and unintentional event occurring on a public roadway or within a private space accessible to vehicular traffic.
• Involvement of a motorised land vehicle: This includes any mechanically powered land vehicle (such as cars, motorcycles, scooters, lorries, etc.), regardless of whether it was in motion or stationery at the time of the incident, provided it played some role—direct or indirect—in the occurrence of the accident.
• Personal injury or material damage: The statute applies to both bodily injury and damage to property, though it affords a higher level of protection where physical injury is concerned.

2. Categories of Victims and Level of Protection

The legislation distinguishes between different categories of victims, allowing varying degrees of protection:

• Non-driver victims: Pedestrians, cyclists, and passengers benefit from the most favourable protections under the law. They are entitled to compensation except where it can be proven that committed an inexcusable fault which was the sole cause of the incident. 
• Drivers of motorised vehicles: The right of drivers to compensation depends on their conduct at the time of the accident. If it is established that the driver was at fault and that such fault either caused or contributed to the incident, their compensation may be reduced or, in some cases, denied altogether. Accordingly, the protective scope of the law is more limited in respect of drivers than for non-drivers.

3. The Concept of “Involvement”

The notion of “involvement” (implication) of a vehicle is interpreted broadly by French courts. It suffices that the vehicle played some part, even indirectly, in the chain of events leading to the accident. For instance, a parked vehicle may be considered “involved” if it was improperly positioned and thereby obstructed visibility, contributing to the occurrence of the incident.

4. The Role of the Insurer

The insurer of the vehicle deemed involved in the accident is under a statutory obligation to submit a compensation offer to the victim within a prescribed timeframe. In the event of unjustified refusal, failure to respond, or submission of a manifestly inadequate offer, statutory penalties may apply. This mechanism serves to encourage efficient and timely redress for victims.

Examples of Road Traffic Accident Cases Handled by Le Tutour Avocats

• Assistance to a 16-year-old adolescent left paraplegic following a traffic accident in Brittany (France), caused by a driver under the influence of alcohol. The firm is assisting him and his family in both the civil claim for damages and the concurrent criminal proceedings for aggravated unintentional injury.

• Assistance to a 15-year-old Mexican adolescent who sustained neurological injuries after being struck by a motorcycle whilst walking on the pavement in Aix-en-Provence.

• Representation of an American tourist injured in an accident involving a bus during a visit to France.

• Assistance to a triathlete injured in a road traffic accident while cycling in southern France, following a collision with a motor vehicle.

• Assistance to a British national who sustained severe neurological damage as a result of an accident caused by a French motorist failing to give way to his motorcycle.

• Assistance to a Dutch family involved in a motorway pile-up in France.

• Appointed as a Part 35 Expert before English and Irish courts in respect of French liability law and damage assessment in the context of road traffic accident claims:
  • Injuries sustained by an English pedestrian whose foot was run over by a car.
    
  • Serious injuries caused to a British cyclist whose right of way was disregarded by a vehicle.
    
  • Fatal road traffic accident resulting in losses to an English family.